Powell v. Gayley
Superior Court of Pennsylvania
Appeal, No. 36, Jan. T., 1899, by plaintiff, from order of C. P. Luzerne Co., Oct. T., 1895, No. 980, discharging rule to show cause why appeal from confession of judgment should not be stricken from records. Appeal from judgment of an alderman.
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Appeal, No. 36, Jan. T., 1899, by plaintiff, from order of C. P. Luzerne Co., Oct. T., 1895, No. 980, discharging rule to show cause why appeal from confession of judgment should not be stricken from records. Appeal from judgment of an alderman. Before Woodward, P. J. It appears from the record that this was an appeal taken' by defendant from judgment of justice and that plaintiff took out a rule of arbitration which he served on defendant to choose arbitrators, whereupon the defendant before the time fixed for choos ing arbitrators filed in the case a written confession of judgment for the…
1Opinion of the Court
Pee Ctteiam,
The order appealed from is neither a final judgment nor an order in the nature of a final judgment, but is interlocutory, and from it an independent appeal does not lie. See Drum v. Uplinger, ante, p. 404, and cases there cited.
The appeal is quashed at the costs of the appellant, and the record is remitted with a procedendo.
2Cited by1 opinion
- Rieseck v. LanahanSuperior Court of Pennsylvania · 1899