Legal Opinion

National Transit Co. v. United States Pipe Line Co.

Supreme Court of Pennsylvania

Decided February 22, 1897No. Appeal, No. 91PublishedCited by 7 opinions

Appeal, No. 91, Jan. T., 1897, by defendants, from decree of C. P. McKean Co., Oct. T., 1896, No. 6, on bill in equity. Bill in equity for the appointment of a master to conduct a stockholders’ meeting. Motion to quash appeal. The facts appear by the opinion of the Supreme Court. —The decree was merely interlocutory and not appealable: Cake v. Cake, 106 Pa. 472; Davis v. Hood, 13 Pa. 171; Logan v. Penna. R. R., 132 Pa. 403; O’Hara v. Pa.

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Appeal, No. 91, Jan. T., 1897, by defendants, from decree of C. P. McKean Co., Oct. T., 1896, No. 6, on bill in equity. Bill in equity for the appointment of a master to conduct a stockholders’ meeting. Motion to quash appeal. The facts appear by the opinion of the Supreme Court. —The decree was merely interlocutory and not appealable: Cake v. Cake, 106 Pa. 472; Davis v. Hood, 13 Pa. 171; Logan v. Penna. R. R., 132 Pa. 403; O’Hara v. Pa. R. R., 2 Grant Cases, 241; Grant v. Phoenix Ins. Co., 106 U. S, 429; Ins. Co. v. Adams, 9 Peters, 571; Young v. Smith, 15 Peters, 287; Ex parte S. & N. Ala.…

1Opinion of the Court

Opinion by

Mr. Chief Justice Sterrett,

This motion to quash defendant’s appeal from the decree of February 3, 1897, is grounded on the averment that the same “ is not a final decree from which an appeal could lawfully be taken.” If this be so, the motion to quash must prevail.

Considered as a whole, it is very evident that the decree in question is merely interlocutory, and not, in any proper sense of the word, definite. After determining, among other preliminary questions, that the plaintiffs, respectively, as owners of stock in the defendant company, are entitled to vote the same at all…

2Cases cited2 opinions

  1. Grant v. Phoenix Ins. Co.Supreme Court of the United States · 1882
  2. Life & Fire Ins. Co. of NY v. AdamsSupreme Court of the United States · 1835

3Cited by7 opinions

  1. Yost v. DavisonSuperior Court of Pennsylvania · 1897
  2. Hunter v. Merger Mines Corp.Idaho Supreme Court · 1945
  3. In re Division of WardsSuperior Court of Pennsylvania · 1898
  4. Commonwealth v. MageeSuperior Court of Pennsylvania · 1907
  5. Williams v. DamicoSuperior Court of Pennsylvania · 1921

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