Williams v. Damico

Superior Court of Pennsylvania

Williams v. Damico

76 Pa. Super. 554, 1921 Pa. Super. LEXIS 186

CourtSuperior Court of Pennsylvania

DecidedJuly 14, 1921

DocketAppeal, No. 176

StatusPublished

Cited by1 cases

This text of 76 Pa. Super. 554 (Williams v. Damico) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Williams v. Damico, 76 Pa. Super. 554, 1921 Pa. Super. LEXIS 186 (Pa. Ct. App. 1921).

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Opinion

Per Curiam,

The record in this case discloses that on February 4, 1920, a jury returned a verdict for the plaintiff. On February 7th, the defendant filed a motion asking for judgment non obstante veredicto, and for a new trial, assigning five reasons therefor. On April 19, 1920, an opinion was filed in which the motion for a new trial was considered, and the rule for a new trial was dismissed. No order was made affecting the motion for judgment non obstante veredicto. On May 21,1920, judgment was entered on the verdict, and on May 22, 1920,- an appeal was taken to this court.

A judgment or decree is not final within the meaning of the act conferring appellate jurisdiction unless upon its affirmance nothing remains but to execute it. Transit Co. v. Pipe Line Co., 180 Pa. 224. Appeals should not be resorted to when the effect is to bring cases into the appellate courts by installments. Such practice is at[556]*556tended with obvious disadvantages and unnecessarily delays final disposition: Yost v. Davison, 5 Pa. Superior Ct. 469. The questions raised by the outstanding rule for judgment non obstante veredicto are, in the first instance for the consideration of the court below, and until they are disposed of by that tribunal the appeal from the judgment refusing the new trial is improperly taken.

The judgment is reversed the record is remitted to the court below with direction to strike off the judgment prematurely entered and proceed according to law,

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Per Curiam,

The record in this case discloses that on February 4, 1920, a jury returned a verdict for the plaintiff. On February 7th, the defendant filed a motion asking for judgment non obstante veredicto, and for a new trial, assigning five reasons therefor. On April 19, 1920, an opinion was filed in which the motion for a new trial was considered, and the rule for a new trial was dismissed. No order was made affecting the motion for judgment non obstante veredicto. On May 21,1920, judgment was entered on the verdict, and on May 22, 1920,- an appeal was taken to this court.

A judgment or decree is not final within the meaning of the act conferring appellate jurisdiction unless upon its affirmance nothing remains but to execute it. Transit Co. v. Pipe Line Co., 180 Pa. 224. Appeals should not be resorted to when the effect is to bring cases into the appellate courts by installments. Such practice is at[556]*556tended with obvious disadvantages and unnecessarily delays final disposition: Yost v. Davison, 5 Pa. Superior Ct. 469. The questions raised by the outstanding rule for judgment non obstante veredicto are, in the first instance for the consideration of the court below, and until they are disposed of by that tribunal the appeal from the judgment refusing the new trial is improperly taken.

The judgment is reversed the record is remitted to the court below with direction to strike off the judgment prematurely entered and proceed according to law,

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Bluebook (online)

76 Pa. Super. 554, 1921 Pa. Super. LEXIS 186, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-damico-pasuperct-1921.

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