Lawver v. Anderson
Superior Court of Pennsylvania
Appeal, No. 140, April T., 1919, by plaintiff, from decree of C. P. Cambria Co., June T., 1915, No. 645, awarding a new trial in case of Emery D. Lawyer v. A. R. Anderson. Ejectment for lots Nos. 21 and 22 in plan of Dibert Estate situate on Somerset street in tbe Sixth Ward of the City of Johnstown. Before O’Connor, J. The opinion of the Superior Court states the case. The jury returned a verdict for the plaintiff.
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Appeal, No. 140, April T., 1919, by plaintiff, from decree of C. P. Cambria Co., June T., 1915, No. 645, awarding a new trial in case of Emery D. Lawyer v. A. R. Anderson. Ejectment for lots Nos. 21 and 22 in plan of Dibert Estate situate on Somerset street in tbe Sixth Ward of the City of Johnstown. Before O’Connor, J. The opinion of the Superior Court states the case. The jury returned a verdict for the plaintiff. The court, on defendant’s motion, subsequently granted a new trial. Plaintiff appealed. Error assigned, among others, was in granting a new trial.
1Opinion of the Court
Opinion by
Head, J.,
The action was ejectment. The case was tried before the court and jury ,and resulted in a verdict for the plaintiff for the small parcel of ground in dispute. Motions for a new trial and for judgment n. o. v. were filed and after argument the learned court sustained the first named motion setting aside the verdict and awarding a new trial. From this order the plaintiff appeals.
The power of an appellate court to reverse such an order cannot now be considered an open question. But in the very late case of First National Bank v. Fidelity Trust Co., 251 Pa. 536, wherein the…
2Cases cited4 opinions
- Commonwealth v. GaborSupreme Court of Pennsylvania · 1904
- First National Bank v. Fidelity Title & Trust Co.Supreme Court of Pennsylvania · 1916
- Bank of Mifflintown v. Bank of New KensingtonSupreme Court of Pennsylvania · 1915
- Stauffer v. ReadingSupreme Court of Pennsylvania · 1903
3Cited by1 opinion
- Commonwealth v. FoxSuperior Court of Pennsylvania · 1956