Lance v. Bonnell
Supreme Court of Pennsylvania
Error to the Court of Common Pleas No. 2, of Philadelphia county: Of July Term, 1888, No. 8. Assumpsit, by Samuel Bonnell, Jr., against William L. Lance, Jr., upon a draft accepted by defendant. Plea, pajara ent with leave, &c. The record showed the following: 1882. Oct. 18. Jury called. “ 21. Verdict for defendant. “ 28. Jury fee paid, and judgment on verdict.
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Error to the Court of Common Pleas No. 2, of Philadelphia county: Of July Term, 1888, No. 8. Assumpsit, by Samuel Bonnell, Jr., against William L. Lance, Jr., upon a draft accepted by defendant. Plea, pajara ent with leave, &c. The record showed the following: 1882. Oct. 18. Jury called. “ 21. Verdict for defendant. “ 28. Jury fee paid, and judgment on verdict. Nov. 20. On petition of plaintiff filed, rule granted to show cause why a motion for a new trial should not be entered nunc pro tunc as of October 21, 1882. “ 25. Rule absolute. “ 25. Motion and reasons for new trial filed, (nunc pro…
1Opinion of the CourtJustice Clark
It is certainly true that the granting of a new trial is a matter for the exercise of a sound discretion merely, and is not reviewable here on a writ of error. There is, however, a just limitation to this remedy; the power of the court is annulled when the day for discretion is past. The case before us does not present the question whether or not there was error in the discharge of a proper discretionary function, but whether or not the court, at the time, in this form, possessed any discretionary power iu the matter before it. It is contended that the action of the court was unauthorized,…
2Cases cited1 opinion
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