Butler Boro. School District v. Penn Township School District
Superior Court of Pennsylvania
Appeal, No. 153, April T., 1916, by defendant, from judgment of C. P. Butler Co.,. Sept., T., 1914, No. 55] for defendant n. o. v. in case of School District of Butler Borough for use, I. J. Maharg, v. Penn Township School District. Appeal from judgment of justice of the peace. Assumpsit for tuition, text books and supplies furnished a pupil resident in Penn Township.
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Appeal, No. 153, April T., 1916, by defendant, from judgment of C. P. Butler Co.,. Sept., T., 1914, No. 55] for defendant n. o. v. in case of School District of Butler Borough for use, I. J. Maharg, v. Penn Township School District. Appeal from judgment of justice of the peace. Assumpsit for tuition, text books and supplies furnished a pupil resident in Penn Township. Before Reiber, P. J. Verdict for plaintiff for $36. The court entered judgment for defendant n. o. v. Error assigned was in entering judgment for defendant n. o. v.
1Opinion of the Court
Opinion by
Trexler, J.,
The court entered judgment for the defendant non obstante veredicto. No point was “drawn up in writing and handed to the court before the close of the argument to the jury,” as provided by the Act of March 24, 1877, P. L. 38, Section 1. An oral motion is not such a point: Reichner v. Reichner, 237 Pa. 540; Hanick v. Leader, 243 Pa. 372. There having been no point for binding instructions submitted, there could be no judgment n. o. v. entered under the Act of April 22, 1905, P. L. 286; Sulzner v. C. L. & M. Co., 234 Pa. 162; Haley v. Amer. Agricul. Chem. Co., 224 Pa. 316;…
2Cases cited11 opinions
- Harris v. MercurSupreme Court of Pennsylvania · 1902
- Sulzner v. Cappeau-Lemley & Miller Co.Supreme Court of Pennsylvania · 1912
- Hanick v. LeaderSupreme Court of Pennsylvania · 1914
- Reichner v. ReichnerSupreme Court of Pennsylvania · 1912
- St. Clair Borough v. SouilierSupreme Court of Pennsylvania · 1912
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3Cited by4 opinions
- Standard Brewing Co. v. Knapp Co.Superior Court of Pennsylvania · 1922
- Waugaman v. HenrySuperior Court of Pennsylvania · 1920
- Ransberry v. FulmerSuperior Court of Pennsylvania · 1923
- Witmer v. Hershey, Pennsylvania Court of Common Pleas, Lancaster County1926