330 Pa. 336 | Pa. | 1938
Opinion by
Johnston & Harder, Inc., was appellant’s general agent in Western Pennsylvania for its insurance business. Affiliated Insurance Agencies, Inc., was the collector of insurance premiums for Johnston & Harder,
Before discussing the question of whether the appeal is from an interlocutory decree, we will consider briefly appellant’s preliminary objection that the “new matter” constituted a separate cause of action unresponsive to the bill.
Since the claim was for unliquidated damages, appellant insists appellee must pursue its appropriate legal remedy by separate suit. This conclusion entirely ignores the basis of appellant’s bill of complaint. The subject-matter contained in detail under the heading “new matter” was not only responsive to the bill but germane to the cause of action therein. Appellant asked the aid of equity to obtain an accounting. The right grew out of an agency contract and its termination. The answer states that because appellant breached the contract and practiced fraud, its agent was entitled to withhold the funds until the damages could be assessed and compensation made for the unlawful cancellation of the contract and the seizure of the agent’s business. The
This appeal is from the decree of the court below dismissing preliminary objections to the answers to appellant’s bill in equity. Such an order is interlocutory and not appealable: Stone v. New Schiller B. & L. Assn., supra; Fidelity-Philadelphia, Trust Co. v. Berhin, 299 Pa. 196. Appellant contends, however, that its objection is to the jurisdiction of the court below to entertain the subject-matter of the answer praying affirmative relief and the appeal is therefore authorized under the Act of March 5, 1925, P. L. 23. The court below had jurisdiction over the persons and the subject-matter of both bill and answer. Jurisdiction of a cause of action relates “solely- to the competency of the particular court to determine controversies of the general class to which the case then presented for its consideration belongs”: Shelton v. Lower Merion Township, 298 Pa. 471, 473; Grime et al. v. Department of Public Instruction, 324 Pa. 371, 378. Furthermore, it has been frequently held that in order to take an appeal under the Act of 1925, the procedure prescribed by that Act must be followed: Stone v. New Schiller B. & L. Assn., supra; Stamper v. Kogelschats, 289 Pa. 94; Fidelity-Philadelphia, Trust Co. v. Berhin, supra.
Appeal quashed.
The purpose of the rule is to eliminate dual controversies over the same subject-matter and to prevent litigants from asserting a cause of action or complaint without giving to the parties to the controversy an opportunity to have their related rights fully adjudicated in one proceeding.