Spiers v. City of New Castle

LYON, J.,

Before the court for determination is defendants’ prehminary objection in the nature of a demurrer to the complaint initiating this mandamus action. The present issue arose on the pleadings, which consist of only a complaint and preliminary objection. In the demurrer, defendants contend that the complaint fails to state a legal cause of action.

The demurrer admits all facts averred in the complaint which are well pleaded, but not plaintiffs’ conclusions or averments of law: Universal Film Exchanges, Inc. v. Board of Finance and Revenue, 409 Pa. 180, 185 A. 2d 542 (1962); Bogash v.…