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· 6/27/1913

Nissley v. Drace

Citations

  • 242 Pa. 105
  • 88 A. 914
  • 1913 Pa. LEXIS 845

Syllabus

<p>Equity — Equity practice — Bills in equity — Dismissal—Certification to law side — Act of June 7,1907, P. L. IffO — Appeals.</p> <p>1. An order revoking the certification of proceedings in equity to the law side of the court will be sustained where it appears that the court had already heard the case on its merits and had dismissed the bill, on the ground that the evidence was insufficient to establish plaintiff’s title.</p> <p>2. Such a case is not within any of the sections of the Act of June 7, 1907, P. L. 440, under which a cause cannot be certified to the law side of the court after a final decree dismissing the bill.</p>

Judges: Brown, Mestrezat, Moschzisker, Pell, Potter

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