32 Pa. Super. 186
Superior Court of Pennsylvania
Decided December 10, 1906
Superior Court of Pennsylvania · decided 1906-12-10
Appeal, No. 31, Oct. T., 1906, by defendant, from order of C. P. Del. Co., discharging rule to set aside subpoena in divorce in case of Mary N. Tobin v. Francis Tracy Tobin. Rule to set aside service of subpoena in divorce. Error assigned was order discharging rule to set aside service of subpoena.
Relies on Lycoming Fire Insurance v. Storrs · Platt v. Belsena Coal Mining Co. · Philadelphia & Reading R. R. v. Snowdon
Appeal quashed · Decided 1906-12-10
¶1This is an appeal from an order discharging a rule to show cause why service of the subpoena in divorce should not be set aside. Such order is clearly interlocutory, and not the subject of an independent appeal: Lycoming Fire Insurance Co. v. Storrs, 97 Pa. 354; Phila. & Reading R. R. Co. v. Snowdon, 161 Pa. 201; Platt v. Belsena Coal Mining Co., 191 Pa. 215. Therefore the motion to quash the appeal must be sustained.
¶2Appeal quashed, the costs to be paid by the appellant.