East & West Coast Service Corp. v. Papahagis
East & West Coast Service Corporation v. Papahagis, Appellant
Opinion of the Court
Per Curiam, This appeal is from an order of the court below discharging defendant’s rule to show cause why disputed issues of fact arising in a suit in equity should not be tried by a jury. Such an order is interlocutory only. Cf.
Stewart v. Stewart, 65 Pa. Superior Ct. 593 . Defendant also assigns error to the dismissal of his preliminary objections to plaintiff’s amended bill and to the sustaining of plaintiff’s preliminary objections to defendant’s answer containing new matter. These orders, also, are interlocutory:
Massachusetts Bonding & Insurance Company v. Johnston & Harder, Inc., 330 Pa. 336 . The rule is settled beyond doubt that preliminary orders are not appealable in advance of final disposition of the case except when made so by statute:
Lewis v. Beatty, 306 Pa. 242 . Neither legislative enactment nor the Rules of Equity Practice of this Court authorize an appeal in this situation.
The appeal is dismissed.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 5 cases
View all citing references →Relies on it most ⓘ
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.