Basalyga v. Hohensee

Opinion by

Mr. Chief Justice Bell,

On January 28, 1964, plaintiff filed an action in equity against defendant. Subsequently, on December 7, 1967, defendant filed a motion to dismiss on tbe ground that plaintiff failed to prosecute bis case with diligence. On February 14, 1968, the lower court denied defendant’s motion to dismiss and from tbis denial defendant took tbis appeal. Tbe Order appealed from is clearly interlocutory.

Tbis Court has consistently quashed as premature interlocutory appeals from orders, judgments or decrees which did not constitute a final disposition of tbe case, unless…