Epstein v. Kramer

Opinion by

Mr. Justice Jones,

This appeal is from an order refusing the defendant’s motion for judgment on the pleadings which consisted of a complaint in assumpsit, an answer to the merits also setting forth an affirmative defense under new matter and a reply to the new matter. As the order is manifestly interlocutory, its appealability was raised at bar and the ensuing discussion has since been supplemented by further briefs of the parties. The defendant, contending that snch an order is appealable, relies upon the ruling in Colonial Securities Co. v. Levy (No. 1), 301 Pa. 229, 230-231, 151…