Shannon v. McHenry
Supreme Court of Pennsylvania
Appeal, No. 86, Oct. T., 1907, by Anna McHenry, from judgment of C. P. Clarion Co., Nov. T., 1905, No. 11, for plaintiff non obstante veredicto in case of I. M. Shannon v. Kate Conlon and Farrel Conlon, Defendants Mortgagors, and Anna McHenry, Terre-tenant and owner of mortgaged premises. Scire facias sur mortgage. At the trial a verdict was rendered in favor of the defendant subject to question of law reserved.
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Appeal, No. 86, Oct. T., 1907, by Anna McHenry, from judgment of C. P. Clarion Co., Nov. T., 1905, No. 11, for plaintiff non obstante veredicto in case of I. M. Shannon v. Kate Conlon and Farrel Conlon, Defendants Mortgagors, and Anna McHenry, Terre-tenant and owner of mortgaged premises. Scire facias sur mortgage. At the trial a verdict was rendered in favor of the defendant subject to question of law reserved. On a motion for judgment non obstante veredicto, Wilson, P. J., filed the following opinion : The undisputed testimony shows the mortgage upon which this suit was brought, as well as…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
The main ground of the appellant’s contention is that judgment was improperly entered for the plaintiff non obstante veredicto, because the material facts were in dispute and involved the consideration of oral testimony and the credibility of witnesses. If this was the case the judgment is erroneous. It is not the intent of the Act of April 22, 1905, P. L. 286, to disturb the line of distinction between the province of the court and that of the jury, and no judgment can be entered under the act against the verdict except where binding directions would have been…
2Cases cited2 opinions
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