Commonwealth ex rel. v. Everts

Citations

• 19 Pa. Super. 419
• 1902 Pa. Super. LEXIS 119

Syllabus

<p>Practice, G. P. — Nonsuit?—Evidence—Act of March 11, 1875, P. L. 6.</p> <p>Where an offer of evidence is made containing plaintiff’s entire case, and immediately thereafter a motion for nonsuit is made, the motion is in effect a demurrer to the evidence, and the granting of the motion is equivalent to a decision by the court that the plaintiff had offered no evidence or no sufficient evidence to sustain the issue. Such a case comes within the provisions of the Act of March 11, 1875, P. L. 6, and if the plaintiff takes an appeal, without moving to set aside the nonsuit, the appeal will be quashed as improvidently taken.</p>