6 Pa. Super. 29 | Pa. Super. Ct. | 1897
The defendant obtained a rule to strike off the municipal lien in question. Without formal disposition of this rule, the court permitted the lien to be amended; and although a sci. fa. upon the lien was and is still pending, the defendant appealed. An appeal does not lie from the refusal to strike off the lien for the reason that there is no definitive decree or judgment. When the court strikes off a lien the case is otherwise, for its action is final: Carter v. Caldwell, 147 Pa. 370. For the same reason an appeal does not lie from an order permitting an amendment; the action being still pending. Appeals should not be resorted to when the effect is to bring cases into appellate courts by instalments; such a practice is attended with obvious disadvantages and unnecessarily delays their final disposition: Lauer v. Lauer Brewing Co., 180 Pa. 593; Yost v. Davison, 5 Pa. Superior Ct. 469.
The appeal is quashed and the appellant directed to pay the costs.