Platt v. Belsena Coal Mining Co.
Supreme Court of Pennsylvania
Appeal, No. 402, Jan. T., 1898, by defendant, from order of C. P. Clearfield Co., May T., 1898, No. 3, discharging rule to set aside service of bill in equity. Rule to set aside bill in equity. Gordon, P. J., filed the following opinion: This case was heard on the petition and answer, which shows that John H. Kl.oclc, upon whom the bill was served as agent and superintendent of the Belsena Coal Mining Company, defendant, was, in fact, acting in the capacity indicated.
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Appeal, No. 402, Jan. T., 1898, by defendant, from order of C. P. Clearfield Co., May T., 1898, No. 3, discharging rule to set aside service of bill in equity. Rule to set aside bill in equity. Gordon, P. J., filed the following opinion: This case was heard on the petition and answer, which shows that John H. Kl.oclc, upon whom the bill was served as agent and superintendent of the Belsena Coal Mining Company, defendant, was, in fact, acting in the capacity indicated. It is true the petition alleges he was not an agent of the company “ upon whom service of the bill ” could be made, but that…
1Opinion of the Court
Pm Curiam,
This appeal is from the decree of the court below discharging the defendant’s rule “ to show cause why the service of the bill of complaint in the above cause on John H. Klock,” etc., “ should not be set aside.”
The decree in question is clearly interlocutory, and no appeal lies therefrom to this or any other court at the present stage of the cause. The motion to quash must therefore be sustained.
Appeal quashed, at appellant’s costs, and record remitted with a procedendo.
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2Cited by6 opinions
- Park Brothers & Co. v. Oil City Boiler WorksSupreme Court of Pennsylvania · 1903
- Frank P. Miller Paper Co. v. Keystone Coal & Coke Co.Supreme Court of Pennsylvania · 1922
- Ben Franklin Coal Co. v. Pennsylvania Water Co.Superior Court of Pennsylvania · 1904
- Tobin v. TobinSuperior Court of Pennsylvania · 1906
- Highland v. Russell Car & Snow Plow Co.Superior Court of Pennsylvania · 1922
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