Kyle v. McNamara & Criste

OPINION

ZAPPALA, Justice.

Appellant seeks review of the Superior Court’s affirmance, 325 Pa.Super. 623, 473 A.2d 685, of the order of the Court of Common Pleas of Bucks County sustaining defendants’ preliminary objections in the nature of a demurrer. Because we find error in the decisions of both lower courts, we reverse and remand.

In his Complaint, Appellant alleged that he had enlisted the services of the Appellees, Nathan Criste and his law firm, to prosecute a private criminal action against the Appellant’s wife’s paramour. The Complaint further al*634leged that Appellee Criste, upon…