A. G. Breitweiser Co. v. Scott
Superior Court of Pennsylvania
Appeal, No. 159, April T., 1907, by defendant, from order of C. P. No. 2, Allegheny Co., July T., 1906, No. 37, discharging rule to strike off mechanic’s lien in case of A. G. Breitweiser Co. v. A. I. Scott or Jennie I. Scott, Owner or Reputed Owner, and A. I. Scott, Contractor. Rule to show cause 'why mechanic’s lien should not be stricken off. Error assigned was the order of the court.
1Opinion of the Court
Per Curiam,
This is an appeal from an order discharging a rule to show cause why a mechanic’s lien should not be struck off. Prior to the Act of June 4, 1901 P. L. 431 it was held that an independent appeal did not lie from such an order, for the reason that it is not a definitive decree or judgment: Carter v. Caldwell, 147 Pa. 370; Philadelphia v. Christman, 6 Pa. Superior Ct. 29; Keemer v. Herr, 2 Penny. 175; 12 W. N. C. 90. The rule has not been changed by the act of 1901. Appeals should not be resorted to when the effect is to bring cases into appellate courts by installments ; such a…
2Cases cited3 opinions
- Carter v. CaldwellSupreme Court of Pennsylvania · 1892
- City of Philadelphia ex rel. Achuff v. ChristmanSuperior Court of Pennsylvania · 1897
- Keemer v. HerrSupreme Court of Pennsylvania · 1882
3Cited by2 opinions
- Miller v. FitzSuperior Court of Pennsylvania · 1910
- Lubetsky v. DEANSuperior Court of Pennsylvania · 1958