Commonwealth v. Hesch

Superior Court of Pennsylvania

Commonwealth v. Hesch

58 Pa. Super. 426, 1914 Pa. Super. LEXIS 321

CourtSuperior Court of Pennsylvania

DecidedOctober 12, 1914

DocketAppeal, No. 96

StatusPublished

Cited by1 cases

This text of 58 Pa. Super. 426 (Commonwealth v. Hesch) 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

Commonwealth v. Hesch, 58 Pa. Super. 426, 1914 Pa. Super. LEXIS 321 (Pa. Ct. App. 1914).

Pincite

Opinion

Per Curiam,

An order of the court of quarter sessions allowing an appeal to that court from the judgment of a justice of the peace in a summary conviction proceeding or an order refusing to strike off such appeal after it has been allowed is clearly an interlocutory order. The general rule is that no appeal can be taken to this court from a judgment, order or decree which is not a final disposition of the matter in controversy. Numerous illustrations of the application of the rule are cited in Monaghan’s Appellate Practice, sec. 43, n. -3. To this general rule some exceptions have been made by statute but' no exception has been made in favor of such an order as is assigned for error here, and the fact that it was. made in a criminal or quasi criminal proceeding furnishes no reason for not applying the general rule. See Quay’s Petition, 189 Pa. 517 at page 542; Com. v. Shivers, 15 Pa. Superior Ct. 579. As no final judgment has been entered, the motion to quash the appeal must prevail.

The appeal is quashed.

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Per Curiam,

An order of the court of quarter sessions allowing an appeal to that court from the judgment of a justice of the peace in a summary conviction proceeding or an order refusing to strike off such appeal after it has been allowed is clearly an interlocutory order. The general rule is that no appeal can be taken to this court from a judgment, order or decree which is not a final disposition of the matter in controversy. Numerous illustrations of the application of the rule are cited in Monaghan’s Appellate Practice, sec. 43, n. -3. To this general rule some exceptions have been made by statute but' no exception has been made in favor of such an order as is assigned for error here, and the fact that it was. made in a criminal or quasi criminal proceeding furnishes no reason for not applying the general rule. See Quay’s Petition, 189 Pa. 517 at page 542; Com. v. Shivers, 15 Pa. Superior Ct. 579. As no final judgment has been entered, the motion to quash the appeal must prevail.

The appeal is quashed.

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Bluebook (online)

58 Pa. Super. 426, 1914 Pa. Super. LEXIS 321, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-hesch-pasuperct-1914.

Opinion

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