Frank P. Miller Paper Co. v. Keystone Coal & Coke Co.

Citations

• 275 Pa. 40
• 118 A. 565
• 1922 Pa. LEXIS 449

Syllabus

<p>Appeals — Interlocutory judgment — Jurisdiction—Service on corporation — Judgment on verdict on preliminary trial — Waiver—Exception — Practice, G. P. — Acts of May 20, 1891, P. L. 101, and April 22, 1905, P.L. 286.</p> <p>1. Interlocutory judgments are such as are given in the middle of a cause, upon some plea, or proceeding, or default, which is only intermediate, and does not finally determine or complete the suit.</p> <p>2. A final judgment is such as at once puts an end to the action by determining that the plaintiff is, or is not, entitled to recover, and, if the former, the amount in debt or damages to be received.</p> <p>3. Eulings by the court below are not to be reversed in parts but all alleged errors will be considered at the end of the proceeding.</p> <p>4. Where a corporation files an affidavit of defense denying the plaintiff’s claim on the merits, and also denying a proper service of the writ by the sheriff, it is correct practice to enter an order directing a preliminary trial on the question of jurisdiction, but a judgment on a verdict for plaintiff on such a trial, is an interlocutory judgment from which no appeal lies until the final disposition of the case upon the merits.</p> <p>5. The Act of April 22, 1905, P. L. 286, allowing appeals from refusal of judgment n. o. v. does not apply to such a case; nor does the Act of May 20, 1891, P. L. 101, allowing review from a refusal to strike off a judgment, “whether entered by confession, or upon warrant of attorney, or otherwise.”</p> <p>6. The upholding of the jurisdiction in such case cannot be construed as final to the defendant, on the theory that his proceeding upon tbe merits will constitute a waiver of bis complaint as to service.</p> <p>7. If a defendant proceeds o.n tbe merits, without exceptions to tbe rulings of tbe court on bis objection to tbe jurisdiction, and takes steps inconsistent tberewitb by entering a general appearance, be waives bis complaint as to tbe jurisdiction; but if be