Storm v. City of Scranton

Citations

• 77 Pa. Super. 283
• 1921 Pa. Super. LEXIS 253

Syllabus

<p>Municipalities — Cities of the second class — Firemen—Dismissal —Act of March 7,1901, P. L. 20.</p> <p>One who has been regularly appointed a fireman in the fire department of a city of the second class, can only be dismissed upon his own written consent or after trial in accordance with the provisions of the Act of March 7, 1901, P. L. 20. In the absence of any evidence of such dismissal, one thus employed and ready to give his services to the city may recover the salary incident to the position to which he was appointed.</p> <p>Practice, G. P. — Trial hy court without jury — Preliminary decision — Appeal—Act of April %%, 1871/, P. L. 109.</p> <p>The preliminary decision of a trial court without jury, in a case tried by agreement under the Act of April 22, 1874, P. L. 109, is neither a verdict nor a judgment, nor can it be reviewed on appeal. It is subject to exceptions which must be passed on before judgment is entered in the cause and the judgment then entered is the judgment which may be reviewed by writ of error or appeal , to the proper appellate court.</p>