Opinion
March 21, 1957.
April 22, 1957.
Appeals — Practice — Multiple plaintiffs — Separate causes of action — Joint appeal — Impropriety.
1. Where separate causes of action by two plaintiffs are joined in one complaint, they may not take a joint appeal from an order entered by the court; separate appeals by each plaintiff are required. [300]
2. It was Held, in the circumstances, that a nonpros could not be entered as to one plaintiff, leaving the appeal as that of the other; and the appeal was quashed. [300]
Argued March 21, 1957. Before JONES, C. J., BELL, CHIDSEY, MUSMANNO, ARNOLD, JONES and COHEN, JJ.
Appeal, No. 62, March T., 1957, from order of Court of Common Pleas of Allegheny County, Oct. T., 1955, No. 924, in case of James R. Zollinger and David H. Jones v. Adam Eidemiller, Inc. Appeal quashed.
Trespass for personal injuries.
Defendant's preliminary objections sustained and order entered dismissing complaint, opinion by DUFF, J. Plaintiffs appealed.
Paul E. Moses, with him John E. Evans, Jr., and Evans, Ivory Evans, for appellants.
William J. Lancaster, for appellee.
From the order of the court below, resolving the venue of the separate causes of action of the two plaintiffs (joined in one complaint), the plaintiffs have taken but a single appeal. The joint appeal was improperly taken; two appeals, one by each plaintiff, were required: see Shaw v. Plains Township, 270 Pa. 387, 388, 113 A. 410. Nor do the circumstances admit of a non pros as to the one plaintiff, leaving the appeal as that of the other. As the appeal must therefore be quashed, we do not get to the question whether the amount in controversy was sufficient to give this court appellate jurisdiction.
Appeal quashed.