Carter v. Caldwell
Supreme Court of Pennsylvania
Appeal, No. 184, July T., 1891, from order of C. P. No. 4, Phila. Co., March T., 1891, discharging a rule to strike off mechanic’s claim. Mechanic’s claim filed by Joseph M. Caldwell, et ah, trading as Caldwell & Johnson, against Joseph H. Carter, owner or reputed owner. The defendant entered a rule to strike off the claim, alleging various defects. On June 27, 1891, the rule was discharged. Error assigned was the order discharging the rule.
1Opinion of the Court
Per Curiam,
We do not think an appeal lies to the refusal of the court below to strike off a mechanic’s claim, for the reason that there is no final judgment. When the court strikes off the claim, the case is otherwise, for its action is final.
Appeal quashed.
2Cited by12 opinions
- Penn Township v. Hanover Foods Corp.Commonwealth Court of Pennsylvania · 2004
- H. P. Starr & Sons, Inc. v. SteppSuperior Court of Pennsylvania · 1965
- London Towne Homeowners Ass'n v. KarrCommonwealth Court of Pennsylvania · 2004
- Warren v. JohnstonSuperior Court of Pennsylvania · 1907
- City of Philadelphia ex rel. Achuff v. ChristmanSuperior Court of Pennsylvania · 1897
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