A. G. Breitweiser Co. v. Scott

Superior Court of Pennsylvania

A. G. Breitweiser Co. v. Scott

33 Pa. Super. 627, 1907 Pa. Super. LEXIS 353

CourtSuperior Court of Pennsylvania

DecidedMay 13, 1907

DocketAppeal, No. 159

StatusPublished

Cited by2 cases

This text of 33 Pa. Super. 627 (A. G. Breitweiser Co. v. Scott) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

A. G. Breitweiser Co. v. Scott, 33 Pa. Super. 627, 1907 Pa. Super. LEXIS 353 (Pa. Ct. App. 1907).

Pincite

Opinion

Per Curiam,

This is an appeal from an order discharging a rule to show cause why a mechanic’s lien should not be struck off. Prior to the Act of June 4, 1901 P. L. 431 it was held that an independent appeal did not lie from such an order, for the reason that it is not a definitive decree or judgment: Carter v. Caldwell, 147 Pa. 370; Philadelphia v. Christman, 6 Pa. Superior Ct. 29; Keemer v. Herr, 2 Penny. 175; 12 W. N. C. 90. The rule has not been changed by the act of 1901. Appeals should not be resorted to when the effect is to bring cases into appellate courts by installments ; such a practice is attended with obvious disadvantages and necessarily delays their final disposition.

The appeal is quashed and the record remitted to the court below.

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Per Curiam,

This is an appeal from an order discharging a rule to show cause why a mechanic’s lien should not be struck off. Prior to the Act of June 4, 1901 P. L. 431 it was held that an independent appeal did not lie from such an order, for the reason that it is not a definitive decree or judgment: Carter v. Caldwell, 147 Pa. 370; Philadelphia v. Christman, 6 Pa. Superior Ct. 29; Keemer v. Herr, 2 Penny. 175; 12 W. N. C. 90. The rule has not been changed by the act of 1901. Appeals should not be resorted to when the effect is to bring cases into appellate courts by installments ; such a practice is attended with obvious disadvantages and necessarily delays their final disposition.

The appeal is quashed and the record remitted to the court below.

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Bluebook (online)

33 Pa. Super. 627, 1907 Pa. Super. LEXIS 353, Counsel Stack Legal Research, https://law.counselstack.com/opinion/a-g-breitweiser-co-v-scott-pasuperct-1907.

Opinion

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