Bonner v. Schmeltz
Supreme Court of Pennsylvania
Bonner v. Schmeltz, 242 Pa. 481 (Pa. 1913)
89 A. 579; 1913 Pa. LEXIS 912
Brown, Elkin, Mestrezat, Moschzisker, Pee, Potter
Bonner v. Schmeltz
Opinion of the Court
There was no final judgment in either of these cases. The demurrer of each defendant was sustained, but this without more was not a final judgment: Vide cases cited in 6 Ency. PI. & Pr. 353. There is no judgment in favor of the defendant from which the plaintiff has appealed. Until there is a final judgment, the question of his right to amend his statements cannot be considered here. Appeals quashed.
Reference
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- Judgments — Interlocutory orders — Practice, Supreme Court— Appeals from interlocutory orders. An order of court sustaining a demurrer to a statement of claim is not a final judgment, and where in such case, no judgment has been entered for defendant, an appeal from such an order will be quashed.