206 Pa. Super. 15 | Pa. Super. Ct. | 1965
Opinion
This appeal from the dismissal of preliminary objections to a mechanic’s lien must be quashed. Such preliminary objections under Section 505 of the Mechanics’ Lien Law of 1963, approved August 24, 1963, P. L. 1175, 49 P.S. §1505, are similar to motions to strike, the procedure followed under the Act of June 4, 1901, P. L. 431, 49 P.S. §1 et seq. The refusal of such motions has been held to be interlocutory and unappealable. Carter v. Caldwell, 147 Pa. 370, 23 A. 575 (1892); Lubetsky v. Dean, 186 Pa. Superior Ct. 158, 142 A. 2d 359 (1958).
Interlocutory orders are not appealable unless expressly made appealable by statute. Sullivan v. Philadelphia, 378 Pa. 648, 107 A. 2d 854 (1954). We find no provision in the Mechanics’ Lien Law of 1963 sufficiently expressing an intention to give a right of appeal from such orders. Section 703 of the Act of 1963,
Appeal quashed.