GILBERTI v. PAYNE


459 Pa. 609 (1975)

331 A.2d 158

Gloria GILBERTI, Administratrix of the Estate of Joseph L. Gilberti, Deceased, v. Evangeline PAYNE and Robert J. Compton, Appellants.

Supreme Court of Pennsylvania.

Decided January 27, 1975.


Attorney(s) appearing for the Case

William H. Pugh, IV, Norristown, for appellants.

James S. Kilpatrick, Jr., Haws & Burke, Ardmore, for appellee, Gloria Gilberti, Admrx. of Est. of Joseph L. Gilberti.

Before JONES, C.J., and EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.


ORDER

PER CURIAM.

Appeal dismissed as improvidently granted. Costs on appellants.

POMEROY, J., filed a dissenting opinion.

POMEROY, Justice (dissenting).

The petition for leave to appeal presented the important question of the validity of a judgment obtained against a defendant who to the knowledge of everyone concerned had died after commencement of suit, but before trial, and where neither the personal representative nor any other...

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