Lopresti v. Sulkin
Superior Court of Pennsylvania
Appeal, No. 47, Oct. T., 1911, by defendant, from judgment of C. P. Northampton Co., July T., 1910, No. 15, on verdict for plaintiff in case of Lorenzo Lopresti and Angela Lopresti v. Louis Sulkin. Assumpsit to recover back the purchase money of real estate.
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Appeal, No. 47, Oct. T., 1911, by defendant, from judgment of C. P. Northampton Co., July T., 1910, No. 15, on verdict for plaintiff in case of Lorenzo Lopresti and Angela Lopresti v. Louis Sulkin. Assumpsit to recover back the purchase money of real estate. Before Stewart, J. At the trial the following motion was made: Mr. Fox: The defendant now moves to withdraw a juror, on the ground that the counsel for the plaintiff has said to the jury that the plaintiff did have $400; that his word (meaning Mr. Geiser’s) is as good as the word of counsel for the defendant, and that he says he did have…
1Opinion of the Court
Opinion by
Rice, P. J.,
The general rule is that a motion to withdraw a juror and continue the case, upon the ground of objectionable remarks made by counsel in addressing the jury, is addressed to the sound judicial discretion of the trial court, and its refusal of the motion is reviewable only for abuse of discretion: Com. v. Ezell, 212 Pa. 293; Com. v. Striepeke, 32 Pa. Superior Ct. 82. But there are certain kinds of objectionable-remarks which have been held to be so prejudicial in their nature as to be beyond correction by any admonition the court may give the jury to disregard them. In…
2Cases cited8 opinions
- Hollis v. United States Glass Co.Supreme Court of Pennsylvania · 1908
- Commonwealth v. EzellSupreme Court of Pennsylvania · 1905
- Carothers v. Pittsburg Railways Co.Supreme Court of Pennsylvania · 1911
- Commonwealth v. FoleySuperior Court of Pennsylvania · 1904
- Commonwealth v. StriepekeSuperior Court of Pennsylvania · 1906
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3Cited by6 opinions
- Dannals v. Sylvania TownshipSupreme Court of Pennsylvania · 1916
- Nalevanko v. MarieSupreme Court of Pennsylvania · 1937
- Gee v. Fong PoyCalifornia Court of Appeal · 1928
- Sheinman Bros. v. Hovland-Sardeson-McColm Co.Superior Court of Pennsylvania · 1922
- Miller Will, Pennsylvania Court of Common Pleas, Philadelphia County1971
1 more not listed; retrieve them via the Exa API.