Opinion
March 30, 1938.
May 9, 1938.
Equity — Pleading — Issues — Assumpsit and trespass admixture.
An order sustaining preliminary objections to a bill in equity was affirmed on appeal, where it appeared, as stated in the opinion of the court below, that the issues in the case had not been crystallized into precise legal averments so that the court might control and guide the litigation, and there was a serious admixture of assumpsit and trespass action in the bill of complaint.
Argued March 30, 1938.
Before KEPHART, C. J., SCHAFFER, MAXEY, DREW, LINN, STERN and BARNES, JJ.
Appeal, No. 119, March T., 1938, from order of C. P. Allegheny Co., Oct. T., 1935, No. 2020, in case of Agnes Gliwa, in behalf of herself and all other parties similarly situated and affected, v. United States Steel Corporation et al. Order affirmed.
Bill in equity.
The opinion of the Supreme Court states the facts.
Order entered sustaining preliminary objections as to bill and allowing plaintiffs to file an amended bill of complaint, opinion by MUSMANNO, J. Plaintiff appealed.
Error assigned, among others, was order.
Asa L. Carter, for appellant.
John C. Bane, Jr., with him John J. Heard and Reed, Smith, Shaw McClay, for appellees.
The order of the court below is affirmed on the following excerpt from Judge MUSMANNO'S opinion which analyzes the issues contained in the bill of complaint:
". . . until those issues are crystallized into precise legal averments so that the Court may control and guide the litigation in the channels of law and justice, there can be no trial.
"We might suggest also that there is a serious admixture of assumpsit and trespass action in the bill of complaint, to which attention should be directed in the preparation and filing of any amended bill."
Appellants are allowed thirty days in which to file an amended bill of complaint.
Order affirmed at appellants' cost.