International Coal Mining Co. v. Pennsylvania Railroad

Supreme Court of Pennsylvania March 19, 1906

International Coal Mining Co. v. Pennsylvania Railroad, 214 Pa. 474 (Pa. 1906)

63 A. 882; 1906 Pa. LEXIS 683

Brown, Elkin, Fell, Mestrezat, Mitchell, Potter, Stewart

Opinion of the Court

Opinion by

Mr. Justice Brown,

This appeal was premature. The order from which it was taken was not a final one. The appellant was not ordered to answer the questions propounded. His appeal, taken Septemb.er 15, 1905, was from an order made on July 26,1905, direct*475ing that the proceeding instituted to compel him to answer should stand over until September 18, 1905, “ in order to give him an opportunity to appear before the notary and testify, or otherwise to come into court and set forth such matters of fact as he may deem pertinent to show cause why the rule for attachment should not be made absolute.”

Appeal quashed.

Reference

Full Case Name: International Coal Mining Company v. Pennsylvania Railroad Company
Cited By: 1 case
Status: Published
Syllabus: Appeals — Interlocutory order — Evidence—Rule for an attachment. An order under a rule for an attachment against a witness directing that the proceedings shall stand over until a day named, in order to give the witness an opportunity to testify or to come into court, is not a final order from which an appeal lies, inasmuch as the appellant was mot directed by the order to answer the question propounded to him.