Painter v. Painter

Full title: Painter, Appellant, v. Painter

Court: Supreme Court of Pennsylvania

Date published: Apr 16, 1963

190 A.2d 149 (Pa. 1963)

190 A.2d 149

Opinion

March 27, 1963.

April 16, 1963.

Appeals — Appealable order — Interlocutory order — Action of ejectment — Denial of plaintiff's motion for judgment on the pleadings.

An interlocutory order dismissing plaintiff's motion for judgment on the pleadings in an action of ejectment is not appealable; and an appeal from such an order must be quashed.

Before BELL, C. J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.

Appeal, No. 63, March T., 1963, from order of Court of Common Pleas of Washington County, Nov. T., 1961, No. 296, in case of Clifford M. Painter v. Eugene G. Painter. Appeal quashed.

Ejectment.

Order entered dismissing plaintiff's motion for judgment on the pleadings, opinion by CARSON, P. J. Plaintiff appealed.

Francis H. Patrono, with him Patrono and Edwards, for appellant.

Thomas L. Anderson, for appellee.

OPINION PER CURIAM, April 16, 1963:

Plaintiff brought an action in ejectment. The lower Court entered an Order overruling plaintiff's motion for judgment on the pleadings. The Order appealed from is interlocutory and unappealable. Nosal v. Nosal, 410 Pa. 304, 189 A.2d 262; Sagot v. International Mailers Union, 409 Pa. 387, 187 A.2d 284; Reading Co. v. Willow Development Company, 407 Pa. 469, 181 A.2d 288.

Appeal quashed.