
    Farrel, Appellant, v. Scranton Railway Company.
    
      Appeals — Time—Quashing appeal — Act of May 19, 1897, P. L. 67.
    Where an appeal is taken eight months after the entry of an order refusing to take off a nonsuit, the appeal -will be quashed. .
    Argued Jan. 13, 1905.
    Appeal, No. 32, Jan. T., 1905, by plaintiff, from order of C. P. Lackawanna Co., Sept. T., 1901, No. 744, refusing to take off nonsuit in case of John M. Far-rel v. Scranton Railway Company.
    Before Rice, P. J., Beaver, Orlady, Smith, Porter, Morrison and Henderson, JJ.
    Appeal quashed.
    The following motion to quash was filed:
    The appellee by its attorneys, Willard, Warren & Knapp, moves to quash the appeal in the above-stated case, for the reason that the appeal was not taken until more than six months after the final judgment of nonsuit. The record shows that on September 30,1903, a compulsory nonsuit was granted on the motion of defendant’s attorney, and on the same day a rule was granted to show cause why the nonsuit should not be stricken off. November 16, 1903, rule to take off the nonsuit was discharged by order made by the president judge on that date.
    January 17, 1905 :
    The record shows that on July 16, 1904, the plaintiff filed an appeal to the Superior Court, and on the same day gave a bond in the sum of $200, with himself and Peter Scholz as sureties.
    The record also shows that on July 18, 1904, a writ of certiorari was issued from the Superior Court, returnable the second Monday of January, 1905.
    The judgment of nonsuit became final on November 16, 1903. An appeal was taken just eight months after the final judgment of nonsuit.
    By the Act of May 19, 1897, P. L. 67, it is provided all appeals shall be taken within six months from the entry of the sentence, order, judgment or decree appealed from; also that appeals taken after the time herein provided for shall be quashed on motion.
    
      L. P. Wedeman, with him F. F. Boyle, for appellant.
    
      F. FT. Willard, of Willard, Warren Knapp, for appellee.
   Per Curiam,

Appeal quashed.  