Heilman v. McKinstry
Superior Court of Pennsylvania
Appeal, No. 120, April T., 1901, by defendant, from judgment of C. P. Armstrong Co., March T., 1898, No. 191, on verdict for plaintiff in case of E. E. Heilman v. M. A. McKinstry. Replevin for a piano. From the record it appeared that when the case was called on June 7, 1900, the plaintiff suffered a voluntary nonsuit. Subsequently the nonsuit was stricken off and the case reinstated.
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Appeal, No. 120, April T., 1901, by defendant, from judgment of C. P. Armstrong Co., March T., 1898, No. 191, on verdict for plaintiff in case of E. E. Heilman v. M. A. McKinstry. Replevin for a piano. From the record it appeared that when the case was called on June 7, 1900, the plaintiff suffered a voluntary nonsuit. Subsequently the nonsuit was stricken off and the case reinstated. At the trial it appeared that the defendant was in possession of the piano under a contract of bailment made with plaintiff’s agent. There was no evidence of a breach of this contract on the part of the…
1Opinion of the Court
Opinion by
Beaver, J.,
The motion to take off a voluntary nonsuit is an appeal to the discretion of the court. Whether or not the discretion of the court was properly exercised in this case in taking off a voluntary nonsuit suffered by the plaintiff is immaterial in view of the final disposition of the case.
This order was not final and no appeal from it would lie, hence the appeal within the statutory period after final judgment was entered would raise the question of its validity, although the date of the appeal was more than six months after the date of the order.
The other assignments of…
2Cited by7 opinions
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- National Cash Register Co. v. CochranSuperior Court of Pennsylvania · 1903
- Winner v. MessingerSuperior Court of Pennsylvania · 1949
- Commonwealth v. ShieldsSuperior Court of Pennsylvania · 1927
- Kline v. State Public School Building AuthoritySupreme Court of Pennsylvania · 1959
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