Harnish v. Shannon

Snyder, P. J.,

This is a bill in equity for an accounting of royalties under a coal lease. The matter is presently before the court on motions of defendants and plaintiffs for judgment on the pleadings under rule 1034 of the Rules of Civil Procedure governing actions in equity.

The pleadings consist of a bill of complaint, answer and motions for judgment on the pleadings.

The question now before the court is whether either of the motions for judgment on the pleadings should be granted. Under the general rule, we are bound to accept the averments of facts in the complaint as being true. Actually,…