Duff v. Hamlin

Citations

• 272 Pa. 245
• 115 A. 829
• 1922 Pa. LEXIS 813

Syllabus

<p>Appeals — Assignments of error — Rule of Court 26 — Distinct matters under one assignment — New trial — Reasons therefor.</p> <p>1. Where appellant desires simply to raise the question of an alleged abuse of discretion by the court in refusing to grant a new trial, it is proper to set forth all the distinct reasons which accompanied the request for a new trial, in one assignment of error; but where appellant wishes to insist on the distinct reasons as showings of separate errors, each reason must be incorporated in a separate assignment and these assignments must show exceptions noted in the court below.</p> <p>Mix v. North American, 209 Pa. 636, explained and distinguished.</p> <p>Appeals — Assignments of error — Charge—Points and answers— Exceptions — Act of March 21¡-, 1877, P. L. 88.</p> <p>2. Bequest for instructions and answers thereto form part of the charge; and even where such requests are presented under the Act of March 24, 1811, P. L. 38, in writing, and the answers to the •court are duly excepted to, unless there is a formal request made at the trial to reduce the charge to writing and file it of record, neither it nor the answers to points can be considered on appeal.</p> <p>3. An assignment of error based on an answer made by the trial judge at the end of his charge, to an oral request for further instructions, will not be considered, where no request was made whatever that the charge, should be filed of record.</p> <p>Appeals — Motion for judgment n. o. v. — Request for binding instructions — No general request to file charge, points and answers— Act of April 22, 1005, P. L. 286.</p> <p>4. Under the specific provisions of the Act of April 22, 1905, P. L. 286, an assignment of error to the refusal of a motion for judgment n. o. v., based on a refusal of a written request for binding instructions, is proper, although the appellant had made no request whatever that the charge, points or answers should be filed of record.</p> <p>Contract — Sale—Eviden