Opinion
April 17, 1968.
July 1, 1968.
Appeals — Parties — Standing to appeal.
In this appeal by the United States of America from a declaratory judgment, it was Held that it had no standing to take an appeal (and the appeal was quashed without prejudice to any rights the United States may have).
Argued April 17, 1968. Before BELL, C. J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.
Appeals, Nos. 176 and 263, Jan. T., 1968, from decree and order of Orphans' Court of Columbia County, May T., 1967, No. 17, in re estate of J. W. Bankes, deceased. Appeal quashed.
Audit of account. Before KREISHER, P. J.
Motion of United States of America to be dismissed as a party for lack of jurisdiction denied. United States of America appealed.
Carolyn R. Just, with her Lee A. Jackson, Crombie J. D. Garrett, Mitchell Rogovin, Assistant Attorney General, and Bernard J. Brown, United States Attorney, of the Washington, D.C. Bar, for United States of America, appellant.
Hervey B. Smith, with him Smith, Eves and Keller, for appellee.
The record establishes that the United States of America was not a party in the declaratory judgment proceeding in the court below, and it did not intervene or consent to be sued.
Under all these facts and circumstances, it has no standing to take this appeal.
Appeal quashed, without prejudice to any rights the United States may have.
Each party to pay own costs.