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BARTKEWICH v. BILLINGER

Supreme Court of Pennsylvania.
May 21, 1968
Important Paras
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Appeals — Appealable orders — Interlocutory orders — Order dismissing post-trial motions — Failure to enter judgment on verdict — Quashing appeal.

An appeal from an order dismissing a motion for judgment non obstante veredicto or, in the alternative, for a new trial, where no judgment has been entered on the verdict, must be quashed as an appeal from an interlocutory order.

OPINION BY MR. CHIEF JUSTICE BELL, May 21, 1968:

The jury returned a verdict for the plaintiff. An appeal was taken in this case from the dismissal by the lower Court of defendants' motion for judgment n.o.v. or, in the alternative, a new trial. Since no judgment was entered, the appeal is untimely and is hereby quashed: Straw v. Sands, 426 Pa. 81, 231 A.2d 144; O'Donnell v. Bachelor, 425 Pa. 626, 229 A.2d 755; Lynch v. Metropolitan Life Insurance Co., 422 Pa. 488, 222 A.2d 925.

Appeal quashed.