KUKICH v. SERBIAN E. ORTH. CH. OF PGH.


415 Pa. 28 (1964)

Kukich, Appellant, v. Serbian Eastern Orthodox Church of Pittsburgh.

Supreme Court of Pennsylvania.

July 1, 1964.


Attorney(s) appearing for the Case

Harry Alan Sherman, for appellants.

Robert Rade Stone, with him George Raynovich, Jr., for appellees.

Before BELL, C.J., JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.


OPINION BY MR. JUSTICE EAGEN, July 1, 1964:

In this action in equity, the chancellor entered a compulsory nonsuit. No motion to remove or set aside the judgment was entered below, but instead an appeal was filed directly to this Court. The appeal was prematurely taken and must be quashed.

An appeal does not lie from the entry of a judgment of nonsuit but rather from the refusal to take it off: Nazareth F. & M...

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