Weinberger v. Erie Railroad

The opinion of the court was delivered by

Parker, J.

The question raised on this appeal is whether a judgment entered in the Supreme Court on a verdict in favor of the plaintiff below must be reversed on the ground that the successful party failed to see to it that the circuit record and postea were returned into the clerk’s office of the Supreme Court at the next term after the verdict.

The history of the case shows that in ail reasonable probability the omission of the filing of postea and of the usual entry of judgment nisi at the next term was due to the allowance of a rule to show cause why…