Dean v. Munhall
Superior Court of Pennsylvania
Appeal, No. 45, April T., 1899, by plaintiff, from judgment of C. P. No. 1, Allegheny Co., March T., 1890, No. 228, setting aside judgment and granting a new trial. Opinion by W. W. Porter, J. Rice, P. J., and Beaver, J., dissent. Assumpsit.
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Appeal, No. 45, April T., 1899, by plaintiff, from judgment of C. P. No. 1, Allegheny Co., March T., 1890, No. 228, setting aside judgment and granting a new trial. Opinion by W. W. Porter, J. Rice, P. J., and Beaver, J., dissent. Assumpsit. Before Stowe, P. J. It appears from the record that verdict and judgment was obtained in the above case for 1420.55 in the absence of defendant’s actual counsel who was engaged in the trial of another case on which plaintiff’s counsel of record was acting as his opponent. Judgment was entered on the verdict and execution issued, whereupon a rule was taken…
1Opinion of the Court
Opinion by
William W. Porter,
The common-law power of the court below to set aside the judgment and grant a new trial was manifestly exhausted by the order of March 7, 1898, discharging the rule. Such power ends at the expiration of the term at which the judgment is entered (Hill v. Egan, 2 Pa. Superior Ct. 596), although a motion made within the term may be disposed of at a subsequent term: Lance v. Bonnell, 105 Pa. 46. The leave given on March 9, 1898, to reargue did not reopen the order of March 7,1898. The two orders were not “ legally contemporaneous,” as in Van Vliet v. Conrad, 95 Pa.…
2Cases cited4 opinions
- Fisher v. Hestonville, Mantua & Fairmount Passenger Railway Co.Supreme Court of Pennsylvania · 1898
- Lance v. BonnellSupreme Court of Pennsylvania · 1884
- Hill v. EganSuperior Court of Pennsylvania · 1896
- Van Vliet v. ConradSupreme Court of Pennsylvania · 1880
3Cited by8 opinions
- Philadelphia Suburban Transportation Co. v. DiFrancescoSupreme Court of Pennsylvania · 1949
- Brader v. AlinikoffSuperior Court of Pennsylvania · 1925
- Cronrath v. BorderSuperior Court of Pennsylvania · 1904
- Commonwealth v. GrowSuperior Court of Pennsylvania · 1911
- Miller v. BakerSuperior Court of Pennsylvania · 1916
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