Stewart v. Stewart
Superior Court of Pennsylvania
Appeal, No. 305, Oct. T., 1916, by plaintiff, from order of O. P. No. 2, Philadelphia Co., June T., 1915, No. 287, vacating the appointment of a master and allowing jury trial in case of Alonzo H. Stewart v. Ethel J. Stewart. Libel in divorce.
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Appeal, No. 305, Oct. T., 1916, by plaintiff, from order of O. P. No. 2, Philadelphia Co., June T., 1915, No. 287, vacating the appointment of a master and allowing jury trial in case of Alonzo H. Stewart v. Ethel J. Stewart. Libel in divorce. From the record it appeared that the court made the following orders: “And now, to wit, this 4th day of February 1916, upon consideration of the within petition and motion of James Gay Gordon, the court grants a rule to show cause why the proceedings in divorce should not be withdrawn from Robert S. Bright, Esq., master, and why the issues of fact, as…
1Opinion of the Court
Opinion by
Henderson, J.,
The first error assigned is to the action of the court in vacating an order theretofore made appointing a master to take the testimony in the case and allowing a jury trial on the petition of the respondent. The order appointing the master and the subsequent revocation thereof were interlocutory. Neither of them was in any sense a final judgment, the case is still pending and we can not at this stage of the proceedings review the action complained of as no certiorari or appeal lies from such an order. It may well be doubted whether the appellant has standing to object…
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