Buckley v. Duff & Sons
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term, 1885, No. 206. This was a feigned issue awarded by the court to determine the ownership of certain paper box making machines: After the evidence for the plaintiff was all in, the defendant offered none, January 31st, 1884, the court charged the jury as follows: “There is a little law question, although I have not much doubt about it myself, still the learned counsel want to be heard…
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Error to the Court of Common Pleas, No. 1, of Allegheny county: Of October and November Term, 1885, No. 206. This was a feigned issue awarded by the court to determine the ownership of certain paper box making machines: After the evidence for the plaintiff was all in, the defendant offered none, January 31st, 1884, the court charged the jury as follows: “There is a little law question, although I have not much doubt about it myself, still the learned counsel want to be heard on it, and I will take your verdict for the plaintiff subject to the opinion of the court on the question of law…
1Opinion of the CourtChief Justice Mercur
A valid reservation of a question of law on the trial of an issue of fact must be a question of law solely. It cannot be of a question of law and fact mingled. The effect' of such a reservation would be to transfer to the court that ascertainment of facts which belongs to the jury. The facts must be found by the jury or agreed upon by the parties: Winchester v. Bennett, 4 P. F. S., 510; Campbell v. O’Neill, 14 Id., 290; Robinson v. Myers, 17 Id., 18; Commonwealth v. McDowell, 5 Norris, 377.
To authorize the court to enter judgment non obstante veredicto, the record must show the point and the…
2Cited by8 opinions
- In the Interest of CarrollSuperior Court of Pennsylvania · 1978
- Casey v. Pennsylvania Asphalt Paving Co.Supreme Court of Pennsylvania · 1901
- Koons v. McNameeSuperior Court of Pennsylvania · 1898
- McCord v. Baltimore & O. R.Court of Appeals for the Third Circuit · 1911
- Johnston v. United Presbyterian Board of PublicationSupreme Court of Pennsylvania · 1886
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