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Davis v. Mundy

Superior Court of Pennsylvania
Nov 2, 1932
162 A. 717 (Pa. Super. Ct. 1932)

Opinion

October 11, 1932.

November 2, 1932.

Appeals — Rule for judgment against a garnishee — Discharge of — Interlocutory order.

An order discharging a rule for a judgment against a garnishee on its answers to interrogatories is interlocutory and such order is not appealable.

Appeal No. 27, October T., 1932, by plaintiff from order of M.C., Philadelphia County, October T., 1929, No. 417, in the case of Gordon S. Davis v. Paul Mundy and Employers Re-insurance Corporation of Kansas City, Garnishee.

Before TREXLER, P.J., KELLER, GAWTHROP, CUNNINGHAM, BALDRIGE, STADTFELD and PARKER, JJ. Appeal quashed.

Rule for judgment against garnishee on its answers. Before LEWIS, J.

The facts are stated in the opinion of the Superior Court.

The court discharged the rule. Plaintiff appealed.

Error assigned, among others, was the order of the court.

Lynn L. Detweiler of Detweiler and Detweiler, for appellant.

H.A. Barton and Swartz Campbell, for appellee.


Argued October 11, 1932.


On March 17, 1930, judgment was entered in favor of the plaintiff in a suit to recover damages resulting from a collision of two automobiles. On March 6, 1931, an attachment execution was issued thereon against the Employers Reinsurance Corporation of Kansas City, as garnishee, and answers to interrogatories were made, admitting certain matters, but denying liability. A rule for judgment against the garnishee on its answers was entered. The court discharged the rule. The plaintiff appealed.

The order of the court is interlocutory, and we cannot consider it. The order is not appealable. Brendlinger v. Riegel, 37 Pa. Super. 474; Quaker City National Bank v. Brooks, 296 Pa. 501.

The appeal is quashed.


Summaries of

Davis v. Mundy

Superior Court of Pennsylvania
Nov 2, 1932
162 A. 717 (Pa. Super. Ct. 1932)
Case details for

Davis v. Mundy

Case Details

Full title:Davis, Appellant, v. Mundy et al

Court:Superior Court of Pennsylvania

Date published: Nov 2, 1932

Citations

162 A. 717 (Pa. Super. Ct. 1932)
162 A. 717

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