Broido v. Kinneman

Opinion by

Mr. Justice Jones,

This appeal is from an order sustaining preliminary objections filed by the plaintiffs to the defendants’ counterclaim in an action of assumpsit. Although the appellees made no point of it, a question as to the appealability of such an order was raised at. bar, a final judgment on the merits of the plaintiffs’ claim and the defense thereto not yet having been entered.

The order is appealable nonetheless. Its intendment and effect was to put the defendants out of court so far as their counterclaim was concerned. To that extent the order was final and would, no doubt,…