Legal Opinion

Commonwealth v. Hesch

Superior Court of Pennsylvania

Decided October 12, 1914No. Appeal, No. 96PublishedCited by 1 opinion

Appeal, No. 96, April T., 1915, by plaintiff, from order of Q. S. Warren Co., June Sessions, 1914, No. 4, refusing an appeal from a justice of the peace in case of Commonwealth v. George Hesch. Motion to quash appeal.

1Opinion of the Court

Per Curiam,

An order of the court of quarter sessions allowing an appeal to that court from the judgment of a justice of the peace in a summary conviction proceeding or an order refusing to strike off such appeal after it has been allowed is clearly an interlocutory order. The general rule is that no appeal can be taken to this court from a judgment, order or decree which is not a final disposition of the matter in controversy. Numerous illustrations of the application of the rule are cited in Monaghan’s Appellate Practice, sec. 43, n. -3. To this general rule some exceptions have been made by…

2Cases cited2 opinions

  1. In re QuaySupreme Court of Pennsylvania · 1899
  2. Commonwealth v. ShiversSuperior Court of Pennsylvania · 1901

3Cited by1 opinion

  1. Commonwealth v. CotterillSuperior Court of Pennsylvania · 1915

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