Gordon v. Norton
Supreme Court of Pennsylvania
Appeal, No. 349, Jan. T., 1897, by plaintiffs, from judgment of C. P. No. 1, Pliila. Co., June T., 1892, No. 151, M. L. D. non obstante veredicto. Scire facias sur mechanic’s lien. Before Brégy, J. At the trial it appeared that on March 29, 1890, Albert E. Norton purchased a lot of ground bounded by Fortieth street, Fairmount avenue, Aspen street and Union street, in the city of Philadelphia.
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Appeal, No. 349, Jan. T., 1897, by plaintiffs, from judgment of C. P. No. 1, Pliila. Co., June T., 1892, No. 151, M. L. D. non obstante veredicto. Scire facias sur mechanic’s lien. Before Brégy, J. At the trial it appeared that on March 29, 1890, Albert E. Norton purchased a lot of ground bounded by Fortieth street, Fairmount avenue, Aspen street and Union street, in the city of Philadelphia. On September 22, 1890, he laid out a street called Sloan street through the lot, subdivided the tract into sixty-five smaller lots, and on the same date executed sixty-five separate mortgages, one on…
1Opinion of the Court
Opinion by
Mr. Justice Mitcheel,
Where judgment is entered for the defendant non obstante veredicto it has been frequently said by this Court that correct practice requires two things, first, that the facts shall clearly appear by agreement, case stated or specific findings of the jury, so that they do not have to be searched for, but stand out clearly on the record; and, secondly, that there should be an opinion of the court expressing the grounds of its action. The jurisdiction to enter a judgment against a verdict is special and exceptional, and every step necessary to justify its exercise…
2Cases cited14 opinions
- Pennock v. HooverSupreme Court of Pennsylvania · 1835
- Nice v. WalkerSupreme Court of Pennsylvania · 1893
- Samuel J. Creswell Iron Works v. O'BrienSupreme Court of Pennsylvania · 1893
- Goepp v. GartiserSupreme Court of Pennsylvania · 1860
- Lucas v. O'BrienSupreme Court of Pennsylvania · 1894
9 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Sumption v. RogersSuperior Court of Pennsylvania · 1913
- Fleck v. CollinsSuperior Court of Pennsylvania · 1905
- Brown v. KolbSuperior Court of Pennsylvania · 1898
- Pierce, Butler & Pierce Mfg. Co. v. RogersSuperior Court of Pennsylvania · 1915
- Wolf v. Glassport Lumber Co.Supreme Court of Pennsylvania · 1904
6 more not listed; retrieve them via the Exa API.