Cameron v. Russell

Citations

• 40 Pa. Super. 405
• 1909 Pa. Super. LEXIS 630

Syllabus

<p>Practice, C. P. — New trial — Laches—Equitable relief.</p> <p>1. Where a court sets aside a verdict and judgment and grants a new trial, it is in the exercise of equitable power, although it may be applied in a case tried on the law side of the court.</p> <p>2. The court below will not be reversed for the refusal to set aside a verdict and grant a new trial, except for manifest error, or abuse of discretion.</p> <p>3. The defendant in an action of trespass for assault and battery will not be granted a new trial seven months after judgment was entered against him, where he alleges in his application that the plaintiff and his witness swore falsely to a material fact, but the court finds upon investigation that it would not have taken more than a day to ascertain the falseness of the testimony immediately after the judgment was entered.</p>