Fischer v. Solomon

Brown, J.,

— This matter is before the court en banc on motion of counsel for plaintiff raising the following preliminary legal objections to defendant’s answer:

1. Defendant Milton Solomon, trading as Mt. Albion Service Station, has failed to register under the Ficti*563tious Names Act of May 24, 1945, P. L. 967, 54 PS §28.1.

2. The allegation and claim in the seventh paragraph of defendant’s answer is for a claim arising out of and sounding in tort, and as such cannot be set off against plaintiff’s claim in assumpsit.

Plaintiff’s counsel, in his brief, abandoned the objection raised under the first…