MORGAN v. DEAN PHIPPS STORES ET AL

Appeals — Appealable orders — Interlocutory order — Joinder of additional defendant.

An order permitting the original defendant to join an additional defendant is an interlocutory nonappealable order; and an appeal from such an order must be quashed.

OPINION BY MR. JUSTICE EAGEN, March 15, 1968:

This is an appeal from an order entered below permitting the original defendant in an action of assumpsit to join the appellant as an additional defendant. The appeal is from an interlocutory order from which an appeal does not lie. See Magaro v. Metropolitan Edison Co., 315 Pa. 369, 172 A. 865 (1934); Tallarico v. Autenreith, 343 Pa. 325, 22 A.2d 700 (1941). See also, Annot., 16 A.L.R. 2d 1023, 1027 (1951).

In fairness to appellant's counsel, we note that in Coppage v. Smith, 381 Pa. 400, 113 A.2d 247 (1955), this Court did entertain an appeal from an order similar to the one here involved. The question of the appealability of the order was not therein raised and the Court inadvertently passed upon the merits of the appeal. This action was improvident.

Appeal quashed.