Opinion
May 22, 1934.
June 5, 1934.
Appeals — Interlocutory orders — Order making absolute rule to bring upon the record additional defendant — Acts of April 10, 1929, P. L. 478; June 22, 1931, P. L. 663, and May 18, 1933, P. L. 807.
An order making absolute a rule upon petition of defendant to bring additional defendants upon the record, under the provisions of the Act of April 10, 1929, P. L. 478, as amended by the Act of June 22, 1931, P. L. 663, and the Act of May 18, 1933, P. L. 807, is an interlocutory order from which an appeal does not lie.
Before FRAZER, C. J., SIMPSON, SCHAFFER, MAXEY and LINN, JJ.
Appeal, No. 27, May T., 1934, by Pennsylvania Railroad Company, additional defendant, from order of C. P. Dauphin Co., June T., 1933, No. 484, in case of Jennie A. Magaro v. Metropolitan Edison Company, defendant, and Township of Lower Swatara and Pennsylvania R. R. Co., et al., additional defendants. Appeal quashed.
Scire facias for additional defendants. Before FOX, J.
The opinion of the Supreme Court states the facts.
Rule to set aside writ of scire facias discharged. Additional defendant, Penna. R. R. Co., appealed.
Error assigned, inter alia, was decree, quoting record.
Spencer G. Nauman, Solicitor, for The Pennsylvania Railroad Company.
Howard V. Fisher, David M. Wallace and Harold J. Ryan, for appellee, were not heard.
Argued May 22, 1934.
This appeal is from an order making absolute a rule upon petition of defendant to bring upon the record, under the provisions of the Act of April 10, 1929, P. L. 478, as amended by the Act of June 22, 1931, P. L. 663, and the Act of May 18, 1933, P. L. 807, the Township of Lower Swatara, The Pennsylvania Railroad Company and The First Catholic Slovak Union of America, as additional defendants. The motion to quash must be sustained as the order of the lower court appealed from is merely interlocutory and not a final judgment of the matter in controversy: Steach v. Hippensteele, 315 Pa. 420, and cases there cited.
Appeal quashed at appellant's costs.