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REDDING v. STAGE (12/09/58)

THE SUPERIOR COURT OF PENNSYLVANIA


December 9, 1958

REDDING
v.
STAGE, APPELLANT.

Appeal, No. 267, Oct. T., 1958, from order of Court of Common Pleas of Clearfield County, May T., 1957, No. 2, in case of John A. Redding et al. v. Mae Kline Stage, surviving administratrix d.b.n.c.t.a. of the estate of John M. Chase, Sr., deceased. Appeal quashed.

COUNSEL

Frank G. Smith, with him William U. Smith, and Smith & Smith, for appellant.

Clarence R. Kramer, with him Edward T. Kelley, for appellee.

Before Rhodes, P.j., Hirt, Gunther, Wright, Ervin, and Watkins, JJ. (woodside, J., absent).

[ 188 Pa. Super. Page 196]

OPINION PER CURIAM

This is an appeal by defendant from an order of the Court of Common Pleas of Clearfield County refusing defendant's motion to enter judgment on the pleadings. The pleadings consist of a complaint, answer, and new matter, and answer to the new matter.

Plaintiffs have filed a motion to quash the appeal on the ground that the order from which the appeal has been taken is interlocutory. Defendant filed an answer thereto.

There is no applicable statute authorizing an appeal from this interlocutory order. Our Supreme Court has set forth the controlling principles in McGee v. Singley, 382 Pa. 18, 114 A.2d 141, and Epstein v. Kramer, 374 Pa. 112, 96 A.2d 912.

Disposition

The appeal is quashed.

19581209

© 1998 VersusLaw Inc.



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