Savitsky v. Savitsky

Lackawanna County Court of Common Pleas

Savitsky v. Savitsky

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

Pennsylvania Court of Common Pleas, Lackawanna County·Decided December 4, 1950·No. no. 576·Published

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.

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

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