Savitsky v. Savitsky

Lackawanna County Court of Common Pleas

Savitsky v. Savitsky

76 Pa. D. & C. 400, 1950 Pa. Dist. & Cnty. Dec. LEXIS 30

CourtPennsylvania Court of Common Pleas, Lackawanna County

DecidedDecember 4, 1950

Docketno. 576

StatusPublished

This text of 76 Pa. D. & C. 400 (Savitsky v. Savitsky) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Lackawanna County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Savitsky v. Savitsky, 76 Pa. D. & C. 400, 1950 Pa. Dist. & Cnty. Dec. LEXIS 30 (Pa. Super. Ct. 1950).

Pincite

Opinion

Eagen, J.,

— This is an action in ejectment, wherein plaintiff moves for judgment upon the pleadings. The motion is premature and must be dismissed.

The Rules of Civil Procedure in regard to actions in assumpsit also apply to actions in ejectment. Rule 1034 specifically states that a motion for judgment on the pleadings may be filed only after the pleadings are closed. Such is not the case here.

In answer to the complaint defendant filed an answer setting up “new matter”. No reply to the new matter has been filed.

Therefore, December 4, 1950, the motion for judgment upon the pleadings is overruled. Plaintiff is granted 10 days in which to file a reply.

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Eagen, J.,

— This is an action in ejectment, wherein plaintiff moves for judgment upon the pleadings. The motion is premature and must be dismissed.

The Rules of Civil Procedure in regard to actions in assumpsit also apply to actions in ejectment. Rule 1034 specifically states that a motion for judgment on the pleadings may be filed only after the pleadings are closed. Such is not the case here.

In answer to the complaint defendant filed an answer setting up “new matter”. No reply to the new matter has been filed.

Therefore, December 4, 1950, the motion for judgment upon the pleadings is overruled. Plaintiff is granted 10 days in which to file a reply.

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Bluebook (online)

76 Pa. D. & C. 400, 1950 Pa. Dist. & Cnty. Dec. LEXIS 30, Counsel Stack Legal Research, https://law.counselstack.com/opinion/savitsky-v-savitsky-pactcompllackaw-1950.