Anderson v. McMichael
Superior Court of Pennsylvania
Appeal, No. 154, Oct. T., 1897, by plaintiff, from order of C. P. Chester Co., discharging rule to show cause why an appeal from a magistrate should not be dismissed. Appeal from judgment of magistrate. It appears from the record that judgment was rendered by a magistrate in favor of the plaintiff for $19.75. On July 26, 1897, appeal filed and entered.
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Appeal, No. 154, Oct. T., 1897, by plaintiff, from order of C. P. Chester Co., discharging rule to show cause why an appeal from a magistrate should not be dismissed. Appeal from judgment of magistrate. It appears from the record that judgment was rendered by a magistrate in favor of the plaintiff for $19.75. On July 26, 1897, appeal filed and entered. On September 27,1897, a rule was granted to show cause why the appeal should not be dismissed for the reason that defendant had failed to make the affidavit required by the Act of July 14, 1897, P. L. 271. On October 11,1897, the court…
1Opinion of the Court
Per Curiam,
The question raised by the motion to quash is ruled by our decision in Yost v. Davison, 5 Pa. Superior Ct. 469, and the cases there cited, and needs no discussion. 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.
The appeal is quashed at the cost of the appellant and the record remitted with a procedendo.
2Cases cited1 opinion
- Yost v. DavisonSuperior Court of Pennsylvania · 1897
3Cited by4 opinions
- Commonwealth v. LuckeySuperior Court of Pennsylvania · 1906
- Commonwealth v. StephensSuperior Court of Pennsylvania · 1899
- Drum v. UplingerSuperior Court of Pennsylvania · 1899
- In re Division of WardsSuperior Court of Pennsylvania · 1898