Yellow Cab Co. of P. v. Carpol R. Co., Inc.

Full title: Yellow Cab Company of Philadelphia, Appellant, v. Carpol Realty Co., Inc

Court: Supreme Court of Pennsylvania

Date published: Oct 12, 1971

282 A.2d 236 (Pa. 1971)

282 A.2d 236

Opinion

May 5, 1971.

October 12, 1971.

Appeals — Jurisdiction — Superior Court — Appeal from final order making absolute a rule to open a judgment — Petition to open judgment not an "action or proceeding in equity" within meaning of Appellate Court Jurisdiction Act.

1. Jurisdiction of an appeal from a final order making absolute a rule to open a judgment is vested in the Superior Court: Appellate Court Jurisdiction Act of July 31, 1970, P. L. 673, § 302.

2. A petition to open judgment, while addressed to the equitable powers of the Court of Common Pleas, is not an "action or proceeding in equity" within the meaning of § 202(4) of the Appellate Court Jurisdiction Act of 1970.

Mr. Justice JONES took no part in the consideration or decision of this case.

Before BELL, C. J., EAGEN, O'BRIEN, ROBERTS, POMEROY and BARBIERI, JJ.

Appeal, No. 210, Jan. T., 1971, from order of Court of Common Pleas of Philadelphia, April T., 1970, No. 1833, in case of Yellow Cab Company of Philadelphia v. Carpol Realty Co., Inc. Record transferred to Superior Court.

Confession of judgment proceeding. Before BRADLEY, J.

Petition by defendant to open judgment granted. Plaintiff appealed.

Bernard J. Smolens, with him Michael Sklaroff, and Schnader, Harrison, Segal Lewis, for appellant.

Oscar Spivak, for appellee.

OPINION PER CURIAM, October 12, 1971:

A petition to open judgment, while addressed to the equitable powers of the Court of Common Pleas, is not an "action or proceeding in equity" within the meaning of Section 202(4) of the Appellate Court Jurisdiction Act of 1970. Act of July 31, 1970, P. L. 673, 17 Pa.C.S.A. § 211.101. See Cochran v. Eldridge, 13 Wr. 365 (1865); Mitchell, Motions and Rules at Common Law, 118-120 (1906). Jurisdiction of an appeal from a final order making absolute a rule to open a judgment is thus properly vested in the Superior Court. Section 302, Appellate Court Jurisdiction Act of 1970.

The record herein is hereby transferred to the Superior Court. Appellate Court Jurisdiction Act of 1970, supra, § 503(b) and § 302.

Costs on appellant.

Mr. Justice JONES took no part in the consideration or decision of this case.