Appeals — Interlocutory order — Affidavit of defense raising question of law — Leave to file supplemental affidavit on averments of fact — Quashing appeal.
Where, on an affidavit of defense raising questions of law, the court has decided against the defendant "with leave to file a supplemental affidavit of defense to the averments of fact," the order is interlocutory from which no appeal can be taken.
Submitted May 20, 1929.
PER CURIAM, July 1, 1929:
In this case, suit was instituted on an insurance policy, an affidavit of defense raising questions of law was filed, the court below decided against defendant, "with leave to file a supplemental affidavit of defense to the averments of fact," and this appeal followed. In Stamper v. Kogelsehatz, 289 Pa. 94, 95, we decided that an order such as here appealed from was interlocutory and no appeal could be taken therefrom.
The appeal is quashed.