Salus v. Lawrence, Sec. of Com

1 Citing case

  1. 1621, Inc. v. Wilson

    402 Pa. 94 (Pa. 1960)   Cited 7 times

    Such an order, decree or judgment is not final unless it terminates the litigation between the parties to the suit by precluding a party from further action in that court. Stadler v. Mt. Oliver Borough, 373 Pa. 316, 95 A.2d 776 (1953); Creighan v. Pittsburgh, 389 Pa. 569, 132 A.2d 867 (1957); 9 Stand. Pa. Prac., Appeals § 20. Appeals are expressly allowed by statute, however, from the grant or refusal of a preliminary injunction. Act of Feb. 14, 1866, P.L. 28, § 1, 12 Pa.C.S.A. § 1101; Act of June 12, 1879, P.L. 177, § 1, 12 Pa.C.S.A. § 1102;Salus v. Lawrence, 332 Pa. 429, 3 A.2d 417 (1938); 9 Stand. Pa. Prac., Appeals § 83. The question for our determination, therefore, is whether the chancellor's Interim Order constitutes a refusal to grant a preliminary injunction made appealable by this statute. If not, then the appeal cannot lie since the Interim Order did not finally determine the action nor terminate the litigation between the parties to the suit. The language of 12 Pa.C.S.A. § 1102 provides that "In all cases in equity, in which a special or preliminary injunction has been refused by any court of common pleas, an appeal to the supreme court for the proper district shall be allowed. . . ."