O'Moore v. Driscoll

McNUTT, J., pro tem.

Plaintiff (appellant) sued four defendants for damages for false imprisonment, two of whom were impleaded individually. After demurrer to the complaint had been overruled and they had answered, two defendants, Province of the Holy Name, a corporation, and Pius M. Driscoll, as Prior Provincial thereof, moved for judgment on the pleadings and the motion was granted. Appellant assails the procedural propriety of entering judgment on the pleadings after the disallowance of the demurrer. He argues that though the right so to move is clear when the complaint fails to state a…