Anderson v. McMichael

Superior Court of Pennsylvania December 13, 1897

Anderson v. McMichael, 6 Pa. Super. 114 (1897)

1897 Pa. Super. LEXIS 319

Beaveb, Oblad, Pobteb, Reedeb, Rice, Smith, Wickham

Opinion of the Court

Per Curiam,

The question raised by the motion to quash is ruled by our decision in Yost v. Davison, 5 Pa. Superior Ct. 469, and the cases there cited, and needs no discussion. The order appealed from is neither a final judgment nor an order in the nature of a final judgment, but is interlocutory, and from it an independent appeal does not lie.

The appeal is quashed at the cost of the appellant and the record remitted with a procedendo.

Reference

Full Case Name: H. P. Anderson v. Cecil McMichael and William Snyder
Cited By: 4 cases
Status: Published
Syllabus: Appeals — Interlocutory order — Practice, Superior Court. No appeal lies from an order of the common pleas refusing a rule to show cause why an appeal from a magistrate should not be dismissed, appellants having failed to make an affidavit required by the Act of July 14, 1897, P. L. 271, provided that the proper affidavit is made within fifteen days. Such order is interlocutory and is neither a final judgment nor an order in the nature thereof, and an independent appeal does not lie. Yost v. Davison, 5 Pa. Superior Ct. 469, followed.