OPINION BY MR. JUSTICE EAGEN, January 15, 1969:
This action was brought to recover damages for personal injuries suffered in an automobile accident. The original defendant moved for judgment on the pleadings on the ground that the action was barred by the statute of limitations. From the denial of this motion, the present appeal was filed. It must be quashed.
An order denying a defendant's motion for judgment on the pleadings is interlocutory and is not appealable. McGee v. Singley, 382 Pa. 18, 114 A.2d 141 (1955), and Vendetti v. Schuster,
The Act of 1925, supra, allows an appeal "wherever in any proceeding in law or in equity the question of jurisdiction over the defendant or the cause of action for which suit is brought is raised in the court of first instance . . . ." In the instant case, there can be no question of the court's competence to hear the controversy or of its jurisdiction over the person of the defendant after valid service of process. The defense raised does not go to the judicial power of the court as to the cause or its jurisdiction over the person of the defendant, but rather to the mode in which the case is brought before the court.
Mr. Justice MUSMANNO did not participate in the decision of this case.