Supreme Court of Pennsylvania, 1927

Solar Electric Co.'s Appeal

Solar Electric Co.'s Appeal
Supreme Court of Pennsylvania · Decided April 11, 1927 · Moschzisker, Frazer, Walking, Simpson, Kephart, Sadler, Schaffer
138 A. 914; 290 Pa. 372; 1927 Pa. LEXIS 663

Solar Electric Co.'s Appeal

Opinion of the Court

Opinion by

Mr. Justice Schaffer,

This is a companion appeal to the Solar Electric Co.’s Appeal (No. 1), supra, page 156; in it the appellant sought to raise the question of the jurisdiction of the court below by petition under the Act of March 5, 1925, P. L. 23; it did not do so however until the case had proceeded to Anal hearing. The question of jurisdiction under this act must be raised preliminarily and therefore appellant’s petition' came too late: Wilson v. Garland, 287 Pa. 291. The course prescribed by the act must be pursued: Stamper v. Kogelschatz, 289 Pa. 94.

It follows that this appeal must be and it accordingly is dismissed at the cost of the appellant.

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