McCoy v. Home Insurance

Opinion by

Reno, J.,

Plaintiff appealed from an order of the court below dismissing his motion for judgment for want of a sufficient answer. At bar, his counsel stated that he followed the Practice Act of May 14, 1915, P. L. 483, §17, as amended, 12 P.S. §735. That Act was suspended by Pa. R. C. P. No. 1452. The sufficiency of an answer is now tested by a preliminary objection under Pa. R. C. P. No. 1017 or by a motion for judgment on the pleadings under Pa. R. C. P. No. 1034 or No. 1037. Defendant did not object to the procedure adopted by plaintiff and we raise no question regarding it. Pa.…