Moss v. Mitchell

Decided March 27, 1896

Supreme Court of Pennsylvania · decided 1896-03-27

Appeal, No. 255, Jan. T., 1896, by defendants, from order of C. P. Berks Co., Nov. T., 1895, No. 64, refusing to dissolve an attachment under the act of 1869. Motion to quash appeal. From the record it appeared that plaintiffs issued an attachment under the act of March 17, 1869, on the ground that defendants had fraudulently contracted their indebtedness and were about to assign and dispose of their property with intent to defraud their creditors.

Cited by 2 later decisions — most recently January 1919

2 state decisions

Relies on Commonwealth v. Fry

Good law ✅— No negative treatment on recordhow we know

Appeal quashed · Decided 1896-03-27

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Per Curiam,

¶1This is an appeal from the order of the court below refusing to dissolve an attachment under the act of 1869. A motion is made to quash the appeal because it is taken from an interlocutory order and that no final judgment has been entered. We consider it beyond all question that the order refusing to dissolve the *519attachment is interlocutory only and that hence no appeal will lie at this time. The appeal is a mere substitute for a certiorari and brings up nothing but the record, Hoppes v. Houtz, 183 Pa. 34. The evidence is not before us and there is nothing to show that the court below was in error.

¶2Appeal quashed.