Supreme Court of Pennsylvania, 1938

Bunting v. Iwai Co., Ltd.

Bunting v. Iwai Co., Ltd.
Supreme Court of Pennsylvania · Decided January 18, 1938 · Kephart, Schaeeer, Maxey, Drew, Linn, Stern
196 A. 834; 329 Pa. 149; 1938 Pa. LEXIS 481

Bunting v. Iwai Co., Ltd.

Opinion of the Court

Per Curiam,

Appellee instituted action by writ of foreign attachment against appellant, but failed to file a statement of claim within the same year as required by the Act of May 12, 1897, P. L. 62. Appellant, therefore, took a rule to show cause why the statement of claim should not be stricken off and the writ be abated. The court below, after hearing, in an opinion by Judge Kalodner, discharged the rule. This appeal was taken from that order.

The case was heard by this court on its merits, but we cannot avoid the conclusion that the order appealed from is interlocutory, and therefore an appeal does not lie at this time. See Prettyman v. Irwin, 273 Pa. 522, 528.

Appeal quashed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.