Appeals — Interlocutory — Order refusing to quash writ of scire facias to join party defendant — Executrix of deceased defendant.
An order refusing to quash a writ of scire facias issued by the living defendants in an action to bring upon the record as a party defendant the executrix of the estate of a decedent who was an original defendant, is interlocutory and an appeal therefrom must be quashed.
Argued September 29, 1941.
PER CURIAM, November 24, 1941:
The court below refused to quash a writ of scire facias issued by the living defendants to bring upon the record as a party defendant Edna B. Kerr, executrix of the Estate of C. H. Kerr, deceased, who was an original defendant. From this action the executrix appeals. The appeal is interlocutory and, therefore, must be quashed: Steach v. Hippensteele, 315 Pa. 420, 172 A. 715; Magaro v. Metropolitan Edison Co.,. 315 Pa. 369, 172 A. 865.
Appeal quashed.