EPSTEIN v. KRAMER


374 Pa. 112 (1953)

Epstein, Exr., v. Kramer, Appellant.

Supreme Court of Pennsylvania.

May 25, 1953.


Attorney(s) appearing for the Case

Alexander Cooper, with him Leonard Boreman, for appellant.

Reuben Fingold, with him A.S. Fingold and Fingold & Fingold, for appellee.

Before STERN, C.J., STEARNE, JONES, CHIDSEY, MUSMANNO and ARNOLD, JJ.


OPINION BY MR. JUSTICE JONES, May 25, 1953:

This appeal is from an order refusing the defendant's motion for judgment on the pleadings which consisted of a complaint in assumpsit, an answer to the merits also setting forth an affirmative defense under new matter and a reply to the new matter. As the order is manifestly interlocutory, its appealability was raised at bar and the ensuing discussion has since been supplemented by further briefs of the parties. The

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