Cronrath v. Border

Citations

• 27 Pa. Super. 15
• 1904 Pa. Super. LEXIS 379

Syllabus

<p>Practice, C. P. — New trial — Failure to pay jury fee — Entry of judgment.</p> <p>Where the court discharges a rule for a new trial and thereafter the defendant pays all the costs except the jury fee, in consequence of which omission no judgment is entered, the court may after the expiration of eight months, and in the exercise of its sound discretion, reinstate the rule for a new trial and make it absolute.</p> <p>Until judgment the verdict is under the control of the court by virtue of its common-law powers, as the judge is the essential constituent of the tribunal for jury trial, and may refuse judgment and set aside the verdict for any reason which appeals to his judicial discretion. It is not necessary that his reason should appear of record, though it is better practice that it should.</p>