Opinion
April 14, 1965.
June 17, 1965.
Appeals — Premature — Judgment not entered in court below.
Where no judgment has been entered in the court below, an appeal is premature and must be quashed.
Before ERVIN, P.J., WRIGHT, WATKINS, MONTGOMERY, JACOBS, and HOFFMAN, JJ. (FLOOD, J., absent).
Appeal, No. 97, April T., 1965, from order of Court of Common Pleas of Butler County, June T., 1959, No. 70, in case of Kersey Manufacturing Co. v. August Rozic. Appeal quashed.
Assumpsit. Before KIESTER, J.
Verdict for defendant; plaintiff's motion for new trial refused. Plaintiff appealed.
William C. Robinson, with him Henninger Robinson, for appellant.
Harry K. McNamee, with him Marshall, Marshall, McNamee MacFarlane, for appellee.
WRIGHT, J., would remand for the entry of judgment and would affirm the judgment as so entered.
Argued April 14, 1965.
The appeal is premature since no judgment was entered in the Court below, and for this reason the appeal must be quashed.
The record is remanded to the Court of Common Pleas of Butler County without prejudice to the right to enter judgment on the verdict.
Appeal quashed and record remanded.
WRIGHT, J., would remand for the entry of judgment and would affirm the judgment as so entered.