Legal Opinion

Branna Construction Corp. v. West Allegheny Joint School Authority

Supreme Court of Pennsylvania

Decided April 21, 1964No. Appeals, Nos. 70 and 75PublishedCited by 4 opinions

1Opinion of the Court

Opinion by

Mr. Justice Eagen,

These are appeals by two defendants from an order below, refusing their motion for judgment on the pleadings in an action of assumpsit, in which each filed an answer and new matter to which the plaintiff filed a reply. The motion for judgment is based on the alleged inadequacy of the reply to an affirma*253tive defense set forth under new matter in the answers.

The order below is interlocutory and as such is not appealable, unless expressly made so by statute. See, Stadler v. Mt. Oliver Borough, 373 Pa. 316, 95 A. 2d 776 (1953); Reading Co. v. Willow Dev. Co., Inc., 407…

2Cases cited5 opinions

  1. Stadler v. Mt. Oliver BoroughSupreme Court of Pennsylvania · 1953
  2. McGee v. SINGLEYSupreme Court of Pennsylvania · 1955
  3. Reading Co. v. Willow Development Co.Supreme Court of Pennsylvania · 1962
  4. Epstein v. KramerSupreme Court of Pennsylvania · 1953
  5. Nosal v. NosalSupreme Court of Pennsylvania · 1963

3Cited by4 opinions

  1. Vendetti v. SchusterSupreme Court of Pennsylvania · 1965
  2. Miller Estate v. Department of HighwaysSupreme Court of Pennsylvania · 1967
  3. Branna Construction Corp. v. West Allegheny Joint School AuthoritySuperior Court of Pennsylvania · 1968
  4. Linda Development Corp. v. Plymouth TownshipCommonwealth Court of Pennsylvania · 1971

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