Bank v. Carr
Superior Court of Pennsylvania
Appeal, No. 211, April T., 1900, by plaintiff, in suit of State Bank of Sherman, New York, against M. P. Carr and Harry Herring, from judgment of C. P; Warren Co., Dec. T., 1899, No. 1, refusing to take off compulsory non-suit. Opinion by Oblady, J. Motion to take off compulsory nonsuit. Before Lindsey, P. J. The facts sufficiently appear in the opinion of the court. The court below entered a peremptory nonsuit which it subsequently on motion refused to take off.
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Appeal, No. 211, April T., 1900, by plaintiff, in suit of State Bank of Sherman, New York, against M. P. Carr and Harry Herring, from judgment of C. P; Warren Co., Dec. T., 1899, No. 1, refusing to take off compulsory non-suit. Opinion by Oblady, J. Motion to take off compulsory nonsuit. Before Lindsey, P. J. The facts sufficiently appear in the opinion of the court. The court below entered a peremptory nonsuit which it subsequently on motion refused to take off. Plaintiff appealed. Error assigned was refusal to take off nonsuit.
1Opinion of the Court
Opinion by
Orlady, J.,
This is an appeal from the judgment of the court below in refusing to take off a compulsory nonsuit, which had been entered at the conclusion of the plaintiff’s testimony. It is a well settled principle of practice that a refusal to take off a peremptory nonsuit is in the nature of a judgment for defendant on demurrer to plaintiff’s evidence, and, in testing the correctness of such refusal the plaintiff is entitled to the benefit of every fact and inference of fact which might have been fairly found by the jury, or drawn by them from the evidence before them. The evidence…
2Cases cited3 opinions
- Hottenstein v. LerchSupreme Court of Pennsylvania · 1882
- Tanney v. TanneySupreme Court of Pennsylvania · 1893
- Lerch v. BardSupreme Court of Pennsylvania · 1893
3Cited by11 opinions
- Kinch Et Ux. v. FlukeSupreme Court of Pennsylvania · 1933
- First Nat. Bk. of Jamestown v. SheldonSuperior Court of Pennsylvania · 1947
- Kaufmann & Baer v. Monroe Motor Line Transportation, Inc.Superior Court of Pennsylvania · 1936
- Commercial Banking Corp. v. BerkowitzSuperior Court of Pennsylvania · 1931
- Farmer v. EvansCourt of Appeals of Texas · 1917
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