DocketNumber: Appeal, No. 392
Judges: Bell, Brien, Cohen, Eagen, Jones, Pomeroy, Roberts
Filed Date: 3/20/1970
Status: Precedential
Modified Date: 11/13/2024
Opinion
This is an appeal from a final decree in equity entered in the court below on April 23, 1969. The ap: peal was filed in this Court on April 25, 1969, but an
An appeal, other than that filed under the Act of March 5, 1925, P. L. 23, 12 P.S. § §672-675,
In Matthews Estate, supra, we ruled that an appeal perfected eight and one-half months after it was filed was not perfected within a “reasonable time.” In other cases, wherein even a shorter period of time elapsed between the entry of the appeal and the lodging of the writ in the lower court, we also ruled that the appeal was not perfected within a “reasonable time.” See Hodge v. Me-Bee Co., Inc., supra, [six months]; Fenerty Disbarment Case, supra, [four months]; and Dziengielewski v. Dickson City School District, 314 Pa. 24, 170 A. 268 (1934) [two months].
In view of the above authorities, it is clear that the instant appeal was not perfected within the required period and, therefore, must be quashed.
It is so ordered. Each side to pay own costs.
An appeal filed under the Act of March 5, 1925, P. L. 23, 12 P.S. §§672-675, must be taken and perfected within fifteen days from the date the order appealed from is entered: Scientific Living, Inc. v. Hohensee, 427 Pa. 320, 235 A. 2d 393 (1967).