Crew, Levick & Co. v. McCafferty
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS NO. 4 OE PHILADELPHIA COUNTY. No. 39 January Term 1889, Sup. Ct.; court below, No. 652 March Term 1886, C. P. No. 4. On January 21, 1887, an action of assumpsit brought by Ellen E. McCafferty against J. Lewis Crew and others, trading as Crew, Levick & Co., ivas tried and the jury returned a verdict in favor of the plaintiff for $113. On January 25th, the defendants moved for a new trial and a rule was granted.
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ERROR TO THE COURT OE COMMON PLEAS NO. 4 OE PHILADELPHIA COUNTY. No. 39 January Term 1889, Sup. Ct.; court below, No. 652 March Term 1886, C. P. No. 4. On January 21, 1887, an action of assumpsit brought by Ellen E. McCafferty against J. Lewis Crew and others, trading as Crew, Levick & Co., ivas tried and the jury returned a verdict in favor of the plaintiff for $113. On January 25th, the defendants moved for a new trial and a rule was granted. On March 21st, after argument before the court in banc, Thayer, P. J., the following order was made and entered upon the minute book: “ March 27,…
1Opinion of the Court
Opinion,
Mr. Chiee Justice Paxson :
The plaintiff below recovered a verdict for $113. The defendants obtained a rule for a new trial, and after argument the court made the following order: “ March 21, 1887; rule discharged on condition that the plaintiff within ten days file a remittitur for all damages over $75, otherwise rule absolute.
There is no doubt as to the power of the court to make this order. It may impose terms upon granting a new trial, and this is the constant practice: McBride v. Daniels, 92 Pa. 332.
The plaintiff attorney filed a remittitur in accordance with the above order on…
2Cases cited3 opinions
- Cohn v. ScheuerSupreme Court of Pennsylvania · 1887
- Smaltz v. J. B. Hancock & Co.Supreme Court of Pennsylvania · 1888
- McBride v. DanielsSupreme Court of Pennsylvania · 1880
3Cited by7 opinions
- Commonwealth v. ColeSupreme Court of Pennsylvania · 1970
- Commonwealth v. RusicSupreme Court of Pennsylvania · 1911
- Plecas v. DevichUtah Supreme Court · 1928
- Commonwealth v. Ware, Pennsylvania Court of Common Pleas, Philadelphia County1970
- Ferenczi's Petition, Pennsylvania Court of Common Pleas, Northampton County1940
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