Supreme Court of Pennsylvania, 1941

Roehm v. Stetson

Roehm v. Stetson
Supreme Court of Pennsylvania · Decided December 4, 1941 · Schaffer, Maxey, Drew, Linn, Stern, Patterson, Parker
23 A.2d 481; 343 Pa. 398; 1942 Pa. LEXIS 288 (Atlantic Reporter, Second Series)

Roehm v. Stetson

Opinion of the Court

Per Curiam,

On June 5, 1940, plaintiff, Mary D. Roehm, obtained judgment in the sum of $5,878.73 against John B. Stetson, Jr., in Montgomery County. A transcript of the judgment was duly filed in Philadelphia County on July 12,1940, and on the same date plaintiff caused a writ of attachment sur judgment to issue, in which John B. Stetson Company, a corporation, was named as garnishee. Interrogatories were filed and served upon the garnishee to which it filed answers, admitting certain matters but denying liability. A rule was thereupon entered by plaintiff for judgment against the garnishee *399 on the answers, which rule was discharged by the court below, and this appeal followed.

The appeal will have to be quashed. The order of the court below discharging the rule for judgment against the garnishee on its answers to the interrogatories is a purely interlocutory order from which an independent appeal will not lie. See Quaker City N. Bk. v. Brooks, 296 Pa. 501; Brendlinger v. Riegel, 37 Pa. Superior Ct. 474; Davis v. Mundy, 106 Pa. Superior Ct. 486.

Appeal quashed at the cost of appellant.

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