Legal Opinion

Holgate v. Brink

Superior Court of Pennsylvania

Decided May 7, 1917No. Appeal, No. 38Published

Appeal, No. 38, March T., 1917, by plaintiff, from judgment of C. P. Lackawanna Co., Jan. T., 1911, No. 351, on verdict for defendant in case of R. H. Holgate v. Jennie E. Brink. Scire facias sur judgment entered on judgment notes. Before Edwards, P. J. Verdict, and judgment for defendant. Plaintiff appealed. Errors assigned were various rulings and instructions and refusal of new trial.

1Opinion of the Court

Opinion by

Henderson, J.,

This case was twice tried in the court below. The verdict was for the plaintiff on the first trial and a rule for a new trial on motion of the defendant was made absolute. The first assignment of error complains of the action of the court in granting a new trial. It may well be doubted whether after a retrial of the case and a judgment on the verdict the action of the court in granting a new trial may be complained of on an appeal after the second trial. .Under the authority of First National Bank of Birmingham v. Fidelity Title and Trust Co., 251 Pa. 536, and the…

2Cases cited3 opinions

  1. Commonwealth v. GaborSupreme Court of Pennsylvania · 1904
  2. First National Bank v. Fidelity Title & Trust Co.Supreme Court of Pennsylvania · 1916
  3. Kunsman v. Lehigh Valley RailroadSuperior Court of Pennsylvania · 1899

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