# Mathies Coal Co. Appeal

> Supreme Court of Pennsylvania · June 27, 1969 · 435 Pa. 129

URL: https://www.frixlaw.com/law-library/cases/6259795

## Case

- **Full name:** Mathies Coal Company Appeal
- **Court:** Supreme Court of Pennsylvania
- **Decided:** June 27, 1969
- **Citations:** 435 Pa. 129; 255 A.2d 906; 1969 Pa. LEXIS 702
- **Precedential status:** Published
- **Opinion:** Dissent by Cohen
- **Judges:** Bell, Cohen, Consideration, Eagen, Eobeets, Jones, Pomeboy, Took
- **Cited by:** 10 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6259795

## Opinion text

*140 Dissenting Opinion by
Mk. Justice Cohen:
While I am satisfied with the result ou the merits reached by the majority, I cannot permit that satisfaction to emasculate our rules of jurisdiction. DuBois’s Appeal, 293 Pa. 186 , 142 Atl. 134 (1928), upon which appellant relies to consolidate separate claims to reach our jurisdictional amount, and which the majority sub silentio accepts, has no application to the situation with which we are presently confronted. In DuBois’s Appeal a consolidation of different claims was permitted where the coal acreage was located in contiguous tracts within the same township and owned by one taxpayer. The tracts here are not contiguous, not in one township, and not owned by one taxpayer. Since no individual claim reaches our jurisdictional limit, I would quash this appeal and remit to the Superior Court.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6259795. Public record. Not legal advice.