West v. Manatawny Mut. F. & S. Ins.

Opinion by

Mr. Justice Walling,

At the trial of this action of assumpsit each side submitted a point for binding instructions, that for the defendant was affirmed and a verdict rendered accordingly. Thereafter the trial court entered judgment for the plaintiff n. o. v. and defendant has appealed.

The first question raised is the jurisdiction of the court to enter such judgment. Neither at common law nor under prior legislation did such a right exist (Robinson v. Myers, 67 Pa. 9, 18; State Bank v. McCoy, 69 Pa. 204, 210), but the Act of April 22, 1905, P. L. 286, 6 Purdon, 13th ed., 7139,…