417 Pa. 6 | Pa. | 1965
Opinion by
This is an action of trespass wherein defendant appeals from an order in the court below which dismissed its motion for judgment on the pleadings.
Since the order which dismissed defendant’s motion for judgment on the pleadings is an interlocutory order, and since a special right to appeal is not expressly given by statute, no appeal will lie. Absent a statute an appeal lies only from a definitive order, decree or judgment which finally determines the action.
Appeal quashed.
“By a veritable multitude of decisions it has been established that, unless a special right to appeal is expressly given by statute, an appeal will lie only from a definitive order, decree, or judgment which finally determines the action. The court cannot assume such appellate jurisdiction even by consent of the parties. . . .” Stadler v. Mt. Oliver Borough, 373 Pa. 316, 317-318, 95 A. 2d 776 (1953).