Opinion
May 20, 1929.
July 1, 1929.
Appeals — Interlocutory order — Affidavit of defense raising question of law — Leave to file supplemental affidavit on averments of fact — Quashing appeal.
Where, on an affidavit of defense raising questions of law, the court has decided against the defendant "with leave to file a supplemental affidavit of defense to the averments of fact," the order is interlocutory from which no appeal can be taken.
Submitted May 20, 1929.
Before MOSCHZISKER, C. J., FRAZER, WALLING, SIMPSON, KEPHART, SADLER and SCHAFFER, JJ.
Appeal, No. 114, Jan. T., 1929, by defendant, from order of C. P. York Co., Oct. T., 1927, No. 91, deciding question of law against defendant on affidavit of defense raising questions of law, in case of Jacob E. Deardorff, administrator of estate of John L. Deardorff, deceased, v. Continental Life Ins. Company, St. Louis, Missouri. Appeal quashed.
Affidavit of defense raising questions of law. Before NILES, P. J.
The opinion of the Supreme Court states the facts.
Judgment for plaintiff. Defendant appealed.
Motion to quash appeal.
Error assigned was order, quoting record.
John A. Hoober for appellant.
Harvey A. Gross, for appellee.
In this case, suit was instituted on an insurance policy, an affidavit of defense raising questions of law was filed, the court below decided against defendant, "with leave to file a supplemental affidavit of defense to the averments of fact," and this appeal followed. In Stamper v. Kogelsehatz, 289 Pa. 94, 95, we decided that an order such as here appealed from was interlocutory and no appeal could be taken therefrom.
The appeal is quashed.