Legal Opinion

Trice v. Mozenter

Supreme Court of Pennsylvania

Decided September 11, 1986No. 1375PublishedCited by 25 opinions

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

  1. Pocono International Raceway, Inc. v. Pocono Produce, Inc.Supreme Court of Pennsylvania · 1983
  2. Smith v. Bell Telephone Co.Supreme Court of Pennsylvania · 1959
  3. Guy v. LiederbachSupreme Court of Pennsylvania · 1983
  4. Schaffer v. LarzelereSupreme Court of Pennsylvania · 1963
  5. Burnside v. Abbott LaboratoriesSupreme Court of Pennsylvania · 1985

12 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Bailey v. TuckerSupreme Court of Pennsylvania · 1993
  2. Storm v. GoldenSupreme Court of Pennsylvania · 1988
  3. Honeywell, Inc. v. American Standards Testing Bureau, Inc. v. Aetna Life & Casualty CompanyCourt of Appeals for the Third Circuit · 1988
  4. Garcia v. Community Legal Services Corp.Supreme Court of Pennsylvania · 1987
  5. Sadtler v. Jackson-Cross Co.Superior Court of Pennsylvania · 1991

20 more not listed; retrieve them via the Exa API.

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