Willis-Winchester Co., to Use v. Clay

Opinion by

Mr. Chief Justice Moschzisker,

At the trial of this suit, the court below gave binding instructions in favor of plaintiffs; a verdict and judgment were entered accordingly. Defendants asked for judgment n. o. v. and for a new trial, both of which were refused; this appeal followed.

Plaintiffs moved to quash the appeal, whereupon an order was made stating that the motion would be finally-disposed of when the merits of the case came before us for argument.

The motion to quash is based on the ground that the warrant of attorney to enter judgment has coupled with it an express waiver of…