Barlott v. Forney

Citations

• 187 Pa. 301
• 41 A. 47
• 1898 Pa. LEXIS 808

Syllabus

<p>Appeals — Practice, c-ommon pleas — Equity—Buie for rehearing.</p> <p>A rule for a rehearing in an equity case does not stay the running of the time within which an appeal may be taken.</p> <p>Prior to the passage of the Act of May 19, 1897, P. L. 67, limiting all appeals to six months from the entry of the sentence, order, judgment or decree appealed from, appeals in equity cases might be taken under the Acts of March 17, 1845, P. L. 158, April 21, 1846, P. L. 433, and February 14, 1857, P. L. 39, within three years from the entry of the decree, aud they, therefore, eaine within the saving clause of that act. Equity appeals were not within the Act, of April 1, 1874, P. L. 50, limiting appeals to two yeitrs.</p> <p>A decree in equity was entered November 14, 1895. A rule for rehearing was discharged November 15, 1897, and an appeal taken November, 27, 1897. The Act of May 19, 1897, P. L. 67. limiting appeals to six months, provides that the act shall go into effect on July 1, 1897, and apply to cases then pending, with the saving clause that “the limitation of time herein provided for as against any party entitled to appeal from a suntenee, order, judgment or decree theretofore entered shall not begin to run until that date, if but for this aet the right of appeal would have extended after that date beyond the times herein described.” Held, that the appeal in this ease was taken in time.</p> <p>Equity — Equity rules — Filing statement of errors in lower court.</p> <p>The Act of May 19, 1897, P. L. 67, relating to appeals, does not abrogate the equity rules which provides that an appellant must file in the court below “ a statement of the errors he alleges to have been made by the decree appealed from.” It seems, however, that the Supreme Court would permit the filing of such a statement nunc pro tunc in a case of mere oversight of counsel, and where no special hardship would be imposed on the other party.</p> <p>Equity — Findings of fact — Review—Judgment.</p> <p