Gehringer v. Erie Railways Co.

Per Curiam,

This is an appeal by plaintiffs from the refusal to take off a compulsory nonsuit. Appellee asks that the appeal be quashed on the grounds that no motion was made to the court below in banc to set aside the nonsuit and the rule to accomplish that result was not presented to or argued before the court in banc. The answer fails to deny these allegations, but sets up that a rule to show cause why the nonsuit should not be removed was granted by the trial judge, at the time of its entry, who “stated it was not necessary to hear the argument in banc and he would hear it alone.”

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