Silveus v. Sayers

67 Pa. Super. 8, 1917 Pa. Super. LEXIS 329

Opinion

Opinion by

Kephart, J.,

The motion to quash this appeal must be sustained. An order directing an interpleader and awarding a feigned issue is interlocutory from which an appeal will not lie. Paugh v. Delaware County Trust Co., 62 Pa. Superior Ct. 523, was an appeal from an order discharging a rule for judgment for want of a sufficient affidavit of defense. The court in declining to grant the judgment framed an issue between the rival claimants to the fund, the interventor having been made a party to the action.

The report of the case did not contain a reference to the court’s action on the rule for judgment.

Appeal quashed.