Anderson v. McMichael

Citations

• 6 Pa. Super. 114
• 1897 Pa. Super. LEXIS 319

Syllabus

<p>Appeals — Interlocutory order — Practice, Superior Court.</p> <p>No appeal lies from an order of the common pleas refusing a rule to show cause why an appeal from a magistrate should not be dismissed, appellants having failed to make an affidavit required by the Act of July 14, 1897, P. L. 271, provided that the proper affidavit is made within fifteen days. Such order is interlocutory and is neither a final judgment nor an order in the nature thereof, and an independent appeal does not lie. Yost v. Davison, 5 Pa. Superior Ct. 469, followed.</p>