Colonial SEC. Co. v. Levy (No. 1)

Per Curiam,

In this action of assumpsit, the court below discharged defendant’s rule for judgment for want of a sufficient reply to new matter set up in the affidavit of defense. Defendant appealed. Plaintiff asks that the appeal be quashed, alleging that no statute authorizes an appeal from such an order as entered by the court below. The law was in effect so ruled in O’Hara v. Parrish, 89 Pa. Superior Ct. 177, cited by appellee.

The Act of April 18,1874, P. L. 64, provides that, “in all actions now pending, or which may hereafter be brought, wherein......the plaintiff is entitled to ask for…