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Gelzhiser v. Fisher

Gelzhiser, Appellant, v. Fisher

Gelzhiser v. Fisher, 208 A.2d 836 (Pa. 1965)
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Court
Supreme Court of Pennsylvania · State Highest Courts
Decided
April 20, 1965
Docket
Nos. , 23
Judges
Bell, Musmanno, Jones, Cohen, Eagen, O'Brien, Roberts
Citations
208 A.2d 836418 Pa. 881965 Pa. LEXIS 562

Opinion — Bell

Opinion by Mr. Chief Justice Bell, Plaintiff, Oliver Gelzhiser, filed a complaint in assumpsit against J. Homer Fisher, Bernard L. Stoecklein and George F. Stoecklein d/b/a Penn Lincoln Memorial Park. At the conclusion of the testimony, the lower Court directed verdicts for the defendants. Plaintiff filed a motion for a new trial, which was denied, Judgment was never entered on the verdicts.

*89 Plaintiff appealed to this Court “from the lower Court’s Opinion and Decree dismissing the motion for a new trial.”

In Denmon v. Rhodes, 416 Pa. 568 , 207 A. 2d 860 , we said: “As stated in the footnote in Menyo v. Sphar, 409 Pa. 223, 224 , 186 A. 2d 9 : “loo many members of the Bar mistakenly believe that the appeal is from an Order which dismissed their motion for a new trial, instead of from a judgment which was entered on the verdict: Simpson v. Pennsylvania Turnpike Commission, 384 Pa. 335 , 121 A. 2d 84 . Compare also Hazle Township Supervisors’ Appeal, 406 Pa. 641 , 180 A. 2d 232 .’ ”

This appeal must be quashed because it was not taken from a judgment. The record is remanded to the Court of Common Pleas of Westmoreland County without prejudice to the right to enter a judgment on the verdicts.

Appeal quashed and record remanded.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1966: 11967: 11987: 119662026peak 1966 · 1

Relies on it most ⓘ

  1. Lynch v. Metropolitan Life Insurance222 A.2d 925 (Pa. 1966)
  2. O'DONNELL v. Bachelor229 A.2d 755 (Pa. 1967)
  3. Mitchum v. Atlantic Richfield Co.528 A.2d 662 (Pa. Super. Ct. 1987)

Most recent

  1. Mitchum v. Atlantic Richfield Co.528 A.2d 662 (Pa. Super. Ct. 1987)
  2. O'DONNELL v. Bachelor229 A.2d 755 (Pa. 1967)
  3. Lynch v. Metropolitan Life Insurance222 A.2d 925 (Pa. 1966)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

DepthCaseCited by
Simpson v. Pa. Tpk. Comm'n, 121 A.2d 84 (Pa. 1956) 15
Menyo v. Sphar, 186 A.2d 9 (Pa. 1962) 12
Denmon v. Rhodes, 207 A.2d 860 (Pa. 1965) 8
Hazle Twp. Supervisors' Appeal, 180 A.2d 232 (Pa. 1962) 4

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