Summary
In Logan v. Cherrie, 444 Pa. 555, 556, 282 A.2d 236, 236 (1971), we ruled that the moving party's claims were waived because of the failure "to file any exception or exceptions to the decree in the court below."
Summary of this case from Sack v. FeinmanOpinion
April 26, 1971.
October 12, 1971.
Appeals — Questions not raised in court below — Equity — Failure to file exceptions to decree — Waiver — Pa. R. C. P. 1518, 1530(e).
1. A party who, in violation of Pa. R. C. P. 1518 and 1530(e), fails to file any exception or exceptions to the decree upon which the final decree is predicated waives all matters not covered by exceptions.
2. Matters not properly raised in the court below cannot be raised on appeal.
Before BELL, C. J., JONES, EAGEN, O'BRIEN, ROBERTS, POMEROY and BARBIERI, JJ.
Appeal, No. 15, Jan. T., 1971, from decree of Court of Common Pleas of Chester County, No. 1809 of 1966, in case of Leebert L. Logan v. Hubert B. Cherrie, II, and Interstate Enterprises, Inc. Decree affirmed.
Equity. Before GAWTHROP, P. J.
Decree entered in favor of plaintiff. Defendant appealed.
Lawrence M. Aglow, for appellant.
Joseph F. Harvey, with him MacElree, Platt Harvey, for appellee.
Appellants appeal from a final decree in equity. We have consistently held that matters not properly raised in the court below cannot be raised on appeal. See, e.g., Corabi v. Curtis Publishing Co., 437 Pa. 143, 150, 262 A.2d 665, 668 (1970); Brunswick Corporation v. Key Enterprises, Inc., 431 Pa. 15, 18, 244 A.2d 658, 660 (1968). The record reveals that appellants, in clear violation of Pa. R. C. P. 1518, 1530(e), failed to file any exception or exceptions to the decree in the court below upon which the final decree was predicated and, therefore, waived all matters not covered by exceptions.
Decree affirmed. Appellants to pay costs.