HERMAN v. HARBORCREEK TOWNSHIP, 458 Pa. 202 (1974)

321 A.2d 653

Herman v. Harborcreek Township, Appellant.

Supreme Court of Pennsylvania.Submitted March 20, 1974.
July 1, 1974.

Appeals — Final or interlocutory decree — Appeal only from decree which finally terminates the litigation — Interlocutory decree on question of jurisdiction — Act of March 5, 1925, P. L. 23.

Appeal, No. 145, March T., 1973, from decree of Court of Common Pleas of Erie County, No. 60 of 1969, in case of Carl J. Herman and Martha Herman, his wife v. Harborcreek Township. Appeal quashed.

Equity.

Opinion and order filed by ANTHONY, J., sustaining in part and denying in part preliminary objections by defendant. Defendant appealed.

Eugene J. Brew, Jr., and Dale and Brew, for appellant.

Andrew J. Conner and Dunn Conner, for appellees.

Before JONES, C. J., EAGEN, O’BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

OPINION PER CURIAM, July 1, 1974:

The decree of the court below, sustaining in part and overruling in part appellant’s preliminary objections to appellees’ complaint in equity, is neither a final decree which “terminates the litigation between the parties to the suit by precluding a party from further action in that court” James Banda, Inc. v. Virginia Manor Apartments, Inc., 451 Pa. 408, 410, 303 A.2d 925 (1973) [quoting from Stadler v. Mt. Oliver Borough, 373 Pa. 316, 318, 95 A.2d 776 (1953)], nor an interlocutory decree on a question of jurisdiction made appealable under the Act of March 5, 1925, P. L. 23, 12 Pa.C.S.A. § 672,

Page 203

Miller Estate v. Department of Highways, 424 Pa. 477, 227 A.2d 679 (1967). The decree is, therefore, not appealable, and the appeal therefrom must be quashed.

It is so ordered. Costs on appellant.