Brookhaven Borough v. American Rendering, Inc.

Dissenting Opinion by

Mb. Justice O’Brien :

I would quash this appeal on the authority of Studio Theaters, Inc. v. Washington, 418 Pa. 73, 78, 209 A. 2d 802 (1965). In that case we held that the existence of a statutory remedy at law was not jurisdictional and thus the dismissal of preliminary objections raising the question was. not appealable under the Act of 1925.

Mr. Chief Justice Bell and Mr. Justice Roberts join in this dissent.