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YELLOW CAB CO. OF P. v. CARPOL R. CO., INC.

444 Pa. 574 (1971)

Yellow Cab Company of Philadelphia, Appellant, v. Carpol Realty Co., Inc.

Supreme Court of Pennsylvania.

October 12, 1971.

Attorney(s) appearing for the Case

Bernard J. Smolens, with him Michael Sklaroff, and Schnader, Harrison, Segal & Lewis, for appellant.

Oscar Spivak, for appellee.

Before BELL, C.J., EAGEN, O'BRIEN, ROBERTS, POMEROY and BARBIERI, JJ.

OPINION PER CURIAM, October 12, 1971:

A petition to open judgment, while addressed to the equitable powers of the Court of Common Pleas, is not an "action or proceeding in equity" within the meaning of Section 202(4) of the Appellate Court Jurisdiction Act of 1970. Act of July 31, 1970, P.L. 673, 17 P.S. § 211.101. See Cochran v. Eldridge, 13 Wr. 365 (1865); Mitchell, Motions and Rules at Common Law, 118-120 (1906). Jurisdiction of an appeal from a final...

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