Wenger v. Wenger
Superior Court of Pennsylvania
Appeal, No. 74, Oct. T., 1912, by defendant, from order of C. P. No. 5, Phila. Co., June T., 1911, No. 1,363, making absolute rule to amend libel in case of Lizzie Wenger v. Morris Wenger. Libel in divorce. Motion to quash appeal. Error assigned was the order of the court.
1Opinion of the Court
Per Curiam,
The only matter assigned for error on this appeal is the making absolute of the libelant’s rule to show cause why the libel should not be amended. This order was merely interlocutory. It was not in any 'proper sense a final sentence or decree from which alone an appeal lies to this court. The appeal was therefore unauthorized. The result of the appeal, as was said in Richardson v. Richardson, 193 Pa. 279, has been an unnecessary and vexatious delay of considerable period in prosecuting the case to final decree, and, as said in that case, we think the undisputed facts bring the case…
2Cases cited1 opinion
- Richardson v. RichardsonSupreme Court of Pennsylvania · 1899