Opinion
October 3, 1967.
November 14, 1967.
Appeals — Timeliness — Jurisdictional question — Act of March 5, 1925, P. L. 23.
In view of the requirement in the Act of March 5, 1925, P. L. 23 that "the appeal here provided for must be taken and perfected within 15 days from the date when the decision is rendered", an appeal which is not perfected within the specified time must be quashed.
Mr. Justice MUSMANNO took no part in the consideration or decision of this case.
Before BELL, C. J., JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.
Appeal, No. 74, Jan. T., 1968, from decree of Court of Common Pleas of Lackawanna County, Sept. T., 1965, No. 16, in case of Scientific Living, Inc. v. Ervin Hohensee. Appeal quashed.
Equity.
Judgment by default entered in favor of plaintiff set aside and defendant granted leave to file answer to complaint, and Court determined that it had jurisdiction over the person of defendant, order by HOBAN, P. J. Defendant appealed.
Ervin Hohensee, appellant, in propria persona.
William T. Malone, with him Powell and Malone, for appellee.
This appeal taken under the Act of March 5, 1925, P. L. 23, 12 Pa.C.S.A. § 672-12 Pa.C.S.A. § 675, questioning the jurisdiction of the lower court over the person of the defendant, must be quashed.
The Act of 1925, supra, § 3, 12 Pa.C.S.A. § 674, expressly stipulates that "The appeal here provided for must be taken and perfected within 15 days from the date when the decision is rendered." (Emphasis added.) This requirement, which was not followed in the instant case, is mandatory and admits of no exceptions. See Pennsylvania Coal Co. v. Luzerne County, 390 Pa. 143, 134 A.2d 657 (1957), and Schwartz v. Schwartz, 419 Pa. 559, 215 A.2d 614 (1966).
Appeal quashed. Costs on appellant.
Mr. Justice MUSMANNO took no part in the consideration or decision of this case.