Van Vliet v. Conrad
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Jefferson county: Of October and November Term 1880, No. 83. Assumpsit by John Cojirad against George Yan Yliet. On May 24th 1879, a verdict was rendered for the plaintiff. On the same day a motion for a new trial was filed, and a rule granted, which, on the 8th of July 1879, the court, Jenks, P. J., discharged. On the same day, by permission of the court, a motion for a re-argument of the rule for a new trial was filed.
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Error to the Court of Common Pleas of Jefferson county: Of October and November Term 1880, No. 83. Assumpsit by John Cojirad against George Yan Yliet. On May 24th 1879, a verdict was rendered for the plaintiff. On the same day a motion for a new trial was filed, and a rule granted, which, on the 8th of July 1879, the court, Jenks, P. J., discharged. On the same day, by permission of the court, a motion for a re-argument of the rule for a new trial was filed. On July 9th 1879, the plaintiff paid the jury fee and entered judgment on the verdict. On November 8th, the court, Jenks, P. J., on the…
1Opinion of the CourtJustice Gordon
The action of the court below, on the 17th of November 1879, granting a new trial, was not only regular, but final and conclusive. This action was founded on the rule taken May 24th 1879, the clay of the rendition of the verdict, which was continued by the motion for rehearing filed July 8th. As the conditions on which the new trial was granted were fully complied with, the judgment, improperly entered on the 9th of July, should have been stricken off and the parties allowed to proceed to a retrial of the case. Instead of this, we find the court, on the 11th of December, being then presided…
2Cited by6 opinions
- Kingsdorf v. Frank Gamburg, Inc.Superior Court of Pennsylvania · 1941
- Dean v. MunhallSuperior Court of Pennsylvania · 1899
- Huntingdon County LineSuperior Court of Pennsylvania · 1898
- Kupres v. Citizens Natl. BankSuperior Court of Pennsylvania · 1930
- Demy ex rel. Moyer v. Herr, Pennsylvania Court of Common Pleas, Dauphin County1922
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