131 A. 272
Supreme Court of Pennsylvania.October 9, 1925.
November 23, 1925.
Appeal, No. 147, March T., 1925, by G. W. Johnson Limestone Co., from decree of O. C. Lawrence Co., Sept. T., 1924, No. 1, in proceeding under the Uniform Declaratory Judgments Act in Estate of Terhan H. Kariher, deceased.
Before MOSCHZISKER, C. J., FRAZER, WALLING, SIMPSON, KEPHART, SADLER and SCHAFFER, JJ.
Petition for decree under Uniform Declaratory-Judgments Act. Before EMERY, P. J.
Rule, granted on the petition, discharged. G. W. Johnson Limestone Co. appealed.
Page 476
Error assigned was, decree quoting bill of exception.
W. W. Braham, of Aiken Braham, for appellant.
C. H. Akens, for appellee.
PER CURIAM, November 23, 1925:
This case involves the same facts as appear in No. 146, March Term, 1925, the only difference being that here the proceeding was commenced in the orphans’ court and there in the court of common pleas; since we have decided, in the other case, that the latter court, and not the former, had jurisdiction, it follows that
This appeal is dismissed, the costs thereof to be divided between Orie M. Kariher and the G. W. Johnson Limestone Company.
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