(Download) "Benham v. Keller" by Superior Court of Pennsylvania # Book PDF Kindle ePub Free
eBook details
- Title: Benham v. Keller
- Author : Superior Court of Pennsylvania
- Release Date : January 14, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
1 In his answer brief appellee moves to dismiss this appeal as not timely filed within 30 days of the date demurrer was sustained and judgment rendered for the defendant. His argument is that a motion for new trial, when addressed to an "order dismissing the action on sustaining a demurrer" to the petition, will not extend appeal time. We disagree and deny the motion on the authority of Poafpybitty v. Skelly Oil Company, Okl., 394 P.2d 515 [1964]. Poafpybitty holds that because under the 1963 amendment of 12 O.S. 1961 ? 651 error in determining an issue of law came to be placed in the same category as error occurring during the trial, a re-examination of an issue of law may now be secured by motion for new trial directed to an order which sustains a demurrer to the petition and terminates the action.