Legal Opinion

Harris v. Brinton

Superior Court of Pennsylvania

Decided July 14, 1920No. Appeal, No. 22PublishedCited by 1 opinion

Appeal, No. 22, April T., 1920, by defendant, from judgment of C. P. Allegheny County, July T., 1919, No. 619, refusing to allow an appeal from judgment of the county court in the case of John Harris and John L. Rhodes v. D. W. Brinton. Petition for appeal from judgment of county court. Before Ford, J. The facts are stated in the opinion of the Superior Court. The court dismissed the petition. Defendant appealed. Errors assigned, among others, was the order of the court.

1Opinion of the Court

Opinion by

Linn, J.,

The common pleas refused defendant’s petition for appeal from a judgment of the county court and the record has been brought here. The appeal should not be allowed unless a retrial on the issues of fact is necessary to prevent injustice, and we may not reverse where an appeal has been refused in the exercise of sound judicial discretion: Keown v. Bunton, 61 Pa. Superior Ct. 220, 223; Act of April 9, 1915, P. L. 48.

Appellant’s complaints can perhaps best be considered here as set forth in his statement of questions involved.

1. The first is: “Is it error for the court to…

2Cases cited2 opinions

  1. Ickes v. IckesSupreme Court of Pennsylvania · 1912
  2. Keown v. BuntonSuperior Court of Pennsylvania · 1915

3Cited by1 opinion

  1. Curry v. WestSuperior Court of Pennsylvania · 1926

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