Stein v. Kessler

Opinion by

Trexler, J.,

This suit in assumpsit was tried in the Municipal Court. Judge Knowles, the trial judge, directed a verdict for the plaintiff. Within the time fixed by the rules of the Municipal Court, the defendant filed a motion for a new trial which after a number of extensions of time,' was dismissed on February 16, 1927, by the trial judge and Judge Glass, sitting as a court en banc, the third member of the court, Judge Lewis, not participating. On February 16, 1927, judgment was entered on the verdict. On February 17th, a petition for oral re-argument was presented to Judge Lewis…