Legal Opinion

O'Donnell v. Flanigan

Superior Court of Pennsylvania

Decided December 15, 1898No. Appeal, No. 85PublishedCited by 10 opinions

Appeal, No. 85, Oct. T., 1898, by plaintiff, from order of O. P. No. 8, Phila. Co., March Term, 1897, No. 670, making absolute motion for new trial. Motion for new trial nunc pro tunc. Before the court in banc. It appears from the record that the action was trespass for assault and battery resulting in a verdict for the plaintiff, on January 12, 1898, for 1324. On March 9,1898, execution was issued on the judgment.

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Appeal, No. 85, Oct. T., 1898, by plaintiff, from order of O. P. No. 8, Phila. Co., March Term, 1897, No. 670, making absolute motion for new trial. Motion for new trial nunc pro tunc. Before the court in banc. It appears from the record that the action was trespass for assault and battery resulting in a verdict for the plaintiff, on January 12, 1898, for 1324. On March 9,1898, execution was issued on the judgment. On March 16, 1898, after the expiration of the term in which the judgment was entered, a motibn for a new trial was made by leave of court with stay of proceedings. On May 27,1898,…

1Opinion of the Court

Opinion by

Smith, J.,

From an examination of the petition and depositions submitted in this case, we cannot resist the conclusion that the application to open the judgment is based on the negligence of the defendant himself. He was sued in trespass, for damages alleged to have been caused by an assault on the plaintiff, and *138lie retained an attorney to appear and defend the action. On April 22, 1897, an appearance and plea were regularly entered and the cause thus put at issue. On October 28, 1897, the defendant consented to the withdrawal of his attorney’s appearance and signed a paper to that…

2Cases cited2 opinions

  1. Bradly v. PottsSupreme Court of Pennsylvania · 1893
  2. Gorman v. BiglerSuperior Court of Pennsylvania · 1898

3Cited by10 opinions

  1. Salus v. FogelSupreme Court of Pennsylvania · 1930
  2. Dormont Motors, Inc. for Use v. HoerrSuperior Court of Pennsylvania · 1938
  3. Road in Dunbar TownshipSuperior Court of Pennsylvania · 1900
  4. Kappel v. MethSuperior Court of Pennsylvania · 1936
  5. Cronrath v. BorderSuperior Court of Pennsylvania · 1904

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