Trice v. Mozenter
Supreme Court of Pennsylvania
1Opinion of the Court
POPOVICH, Judge:
This is an appeal from the order of the Court of Common Pleas of Philadelphia County granting a motion for judgment on the pleadings against the plaintiff/appellant, Gregory Trice. We affirm.
Under Pa.R.Civ.P. 1034, a motion for judgment on the pleadings may be granted in cases which are so free from doubt that a trial would clearly be a fruitless exercise. Such a motion is in the nature of a demurrer; all of the opposing party’s well-pleaded allegations are viewed as true, but only those facts specifically admitted by him may be considered against him. In making this…
2Cases cited17 opinions
- Pocono International Raceway, Inc. v. Pocono Produce, Inc.Supreme Court of Pennsylvania · 1983
- Smith v. Bell Telephone Co.Supreme Court of Pennsylvania · 1959
- Guy v. LiederbachSupreme Court of Pennsylvania · 1983
- Schaffer v. LarzelereSupreme Court of Pennsylvania · 1963
- Burnside v. Abbott LaboratoriesSupreme Court of Pennsylvania · 1985
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3Cited by25 opinions
- Bailey v. TuckerSupreme Court of Pennsylvania · 1993
- Storm v. GoldenSupreme Court of Pennsylvania · 1988
- Honeywell, Inc. v. American Standards Testing Bureau, Inc. v. Aetna Life & Casualty CompanyCourt of Appeals for the Third Circuit · 1988
- Garcia v. Community Legal Services Corp.Supreme Court of Pennsylvania · 1987
- Sadtler v. Jackson-Cross Co.Superior Court of Pennsylvania · 1991
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