Beatty v. Boyson

Citations

• 62 Pa. Super. 483
• 1916 Pa. Super. LEXIS 456

Syllabus

<p>Appeals — Assignments of error — Refusal of new trial — Practice, C. P.</p> <p>Where a petition for a new trial based largely on allegations of fact outside the record, is met by a responsive answer in which the allegations are denied or explained, and no depositions are taken, the appellate court will assume that the trial court did not abuse its discretion in refusing a new trial.</p> <p>Appeals — Motion for judgment n. o. v. — Practice, O. P.</p> <p>Tne appellate court will not reverse an order refusing defendant’s motion for judgment n. o. v. where the record fails to show that such motion was based on a written point presented at the trial requesting binding instructions.</p> <p>Landlord and tenant — Action for rent — Pleadings.</p> <p>In an action for rent where the defendant sets forth as new matter in his answer an allegation of eviction which suspended rent, the plaintiff is not required to reply to such allegation as new matter, inasmuch as it is a mere conclusion of law. A failure to reply will not be deemed an admission of the allegation, under a rule of court which provides that all new matter averred by the defendant, and not denied by the plaintiff, shall be deemed to be admitted.</p>