Armstrong v. Espy
Supreme Court of Pennsylvania
Appeal, No. 112, Oct. T., 1907, by plaintiffs, from decree of C. P. No. 1, Allegheny Co., Dec. T., 1906, No. 33, on bill in equity in case of J. N. Armstrong et al. v. J. S. Espy et al. Bill in equity for an account. The court entered the following order : “April 30, 1907, on Argument List, and demurrer sustained.” Error assigned was the decree of the court, quoting it.
1Opinion of the Court
Opinion by
Mr. Justice Brown,
There is no final decree in this case. Appellants’ bill was demurred to by the appellees and the demurrer was sustained. The order appealed from is simply, “Demurrer sustained.” The court below may have intended to dismiss the bill, but did not do so; or it may have withheld such decree to allow the plaintiffs to move to amend their bill under equity rule 35. Be this as it may, there is no final decree before us. The bill is still pending below, and, until there is a final decree upon it, denying the appellants the relief sought, we cannot hear them.
Appeal quashed.
2Cited by6 opinions
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- Ahrens v. GoldsteinSupreme Court of Pennsylvania · 1954
- Goyette v. SousaSupreme Court of Rhode Island · 1959
- Huxley v. Pennsylvania Warehousing & Safe Deposit Co.Court of Appeals for the Third Circuit · 1909
- Goyette v. SousaSupreme Court of Rhode Island · 1959
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