Idell v. Day

Citations

• 79 Pa. Super. 215
• 1922 Pa. Super. LEXIS 219

Syllabus

<p>Practice, Superior Court — Appeals — Joint appeals — Improper joinder — Waiver of objection — Decision of Supreme Court — Controlling authority — Act of June 2Jj, 1895, P. L. 212.</p> <p>Where in au action to recover damages for personal injuries, a father and his minor daughter recover verdicts .upon which judgments are entered in favor of each, there is no authority for a joint appeal. The proper practice is to take two appeals — one from each judgment.</p> <p>Where an improper joinder appears, the appeal must be quashed, or an election required. The Superior Court considered such an appeal upon its merits, instead of quashing it, where the appellees made no objection.</p> <p>The Act of June 24, 1895, P. L. 212, establishing the Superior Court, by section 10, makes decisions of the Supreme Court binding authority upon the Superior Court. It, therefore, follows that, when the Supreme Court has passed upon questions presented to the Superior Court, in another action against the same defendant, arising out of the same facts, the Superior Court will follow the judgment of the Supreme Court, without a discussion of the questions involved.</p> <p>Idell v. Day, 273 Pa. 34, followed.</p>