Powell v. Doyle
Superior Court of Pennsylvania
Appeal, No. 49, Oct. T., 1921, by plaintiff, from judgment of C. P. No. 2, Phila. Co., June T.,,1919, No. 899, on verdict for defendant in the case of Fred H. Powell v. Elizabeth L. Doyle. Rule to open judgment, set aside, verdict and grant new trial. The facts are stated in the opinion of the Superior Court. The court discharged the rule. Plaintiff appealed. Error assigned was the order of the court discharging the rule.
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Appeal, No. 49, Oct. T., 1921, by plaintiff, from judgment of C. P. No. 2, Phila. Co., June T.,,1919, No. 899, on verdict for defendant in the case of Fred H. Powell v. Elizabeth L. Doyle. Rule to open judgment, set aside, verdict and grant new trial. The facts are stated in the opinion of the Superior Court. The court discharged the rule. Plaintiff appealed. Error assigned was the order of the court discharging the rule. The authority to vacate, open or set aside a judgment or decree is incident to all courts of record: Fisher v. Ry. Co., 185 Pa. 602; In re Macoluso’s Naturalization, 237 Pa.…
1Opinion of the Court
Opinion by
Linn, J.,
The rule to be applied in determining this appeal was thus stated in McEvoy v. Quaker City Cab Co., 267 Pa *522527 at 536; “......this court has adopted the same rule which is asserted in our previous citations, to the effect that when a new trial is asked for on the ground of perjury or other fraud, it will be granted only in case of fraud alleged as extrinsic in its character as distinguished from intrinsic evidence.” In that case as in this, appellant, after the expiration of the term at which the judgment was entered on the verdict of a jury, had asked to have it opened…
2Cases cited12 opinions
- Pico v. CohnCalifornia Supreme Court · 1891
- Pearce v. OlneySupreme Court of Connecticut · 1850
- Fisher v. Hestonville, Mantua & Fairmount Passenger Railway Co.Supreme Court of Pennsylvania · 1898
- McEvoy v. Quaker City Cab Co.Supreme Court of Pennsylvania · 1920
- Lance v. BonnellSupreme Court of Pennsylvania · 1884
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Giles v. RyanSupreme Court of Pennsylvania · 1934
- Willetts v. WillettsSuperior Court of Pennsylvania · 1929
- Fenstermaker v. FenstermakerSupreme Court of Pennsylvania · 1985
- Fleming v. FlemingSuperior Court of Pennsylvania · 1923
- McFadden v. McFaddenSuperior Court of Pennsylvania · 1927
6 more not listed; retrieve them via the Exa API.