Moss v. Mitchell

Supreme Court of Pennsylvania
Moss v. Mitchell, 174 Pa. 517 (Pa. 1896)
34 A. 125; 1896 Pa. LEXIS 918
Dean, Green, McCollum, Mtchell, Williams

Moss v. Mitchell

Opinion of the Court

Per Curiam,

This is an appeal from the order of the court below refusing to dissolve an attachment under the act of 1869. A motion is made to quash the appeal because it is taken from an interlocutory order and that no final judgment has been entered. We consider it beyond all question that the order refusing to dissolve the *519attachment is interlocutory only and that hence no appeal will lie at this time. The appeal is a mere substitute for a certiorari and brings up nothing but the record, Hoppes v. Houtz, 183 Pa. 34. The evidence is not before us and there is nothing to show that the court below was in error.

Appeal quashed.

Reference

Full Case Name
Harry Moss, Louis Jerkowski and Joseph Appelt, trading as Swartz, Jerkowski & Co. v. Isaac Mitchell and Morris Mitchell, trading as Mitchell Brothers
Cited By
2 cases
Status
Published
Syllabus
Appeals —Attachment under act of March 17, 1869 — Interlocutory order. An order refusing to dissolve an attachment under the act of March 17, 1869, P. L. 8, is interlocutory only, and no appeal lies from it until final decree is entered. The appeal in such a ease is a mere substitute for a certiorari, and brings up for review nothing but the record proper, which does not include the evidence.