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· 12/15/1921

Wood v. Harlan

Citations

  • 78 Pa. Super. 92
  • 1921 Pa. Super. LEXIS 347

Syllabus

<p>Amicable action — Framed issues — Appeals—Bight to appeal— Premature appeal — Final judgments.</p> <p>An amicable lawsuit is one instituted in a court of justice seriously, but in a friendly spirit, in order that some matter in controversy may, by a judicial decree, be settled definitely, as cheaply, and with as little delay as possible.</p> <p>Appeals are allowed by statute, and the parties cannot confer appellate jurisdiction by agreement. Unless statutes provide for appeals from interlocutory judgments, appeals may be taken only from final judgments, which, generally speaking, are such as end the litigation.</p> <p>While the parties may, by agreement, properly frame, in one issue three questions for the determination of which, at one time, there is no action provided in Pennsylvania, there is, in such ease, no right of appeal until the final adjudication, when the entire controversy is determined.</p> <p>An appeal from a judgment, on part of an issue framed, is premature, and will be quashed.</p>

Judges: Head, Henderson, Keller, Linn, Orlady, Porter, Trexler

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