Hanick v. Leader

Citations

• 243 Pa. 372
• 90 A. 146
• 1914 Pa. LEXIS 633

Syllabus

<p>Practice, G. P. — Judgment n. o. v. — Point for binding instructions — Act of April 22, 1905, P. L. 286 — -Motion for new trial.</p> <p>1. The right to move for judgment non obstante veredicto upon the whole record is given by the Act of April 22, 1905, P. L. 286, only to a party who has presented a written request for binding instructions which has been reserved or refused; an oral request does not meet the requirements of the act.</p> <p>2. Where at a trial of an action of assumpsit defendant files no written request for binding instructions' in his favor, and upon verdict being rendered for the plaintiff by direction, does not move for a new trial, but contents himself with a motion for judgment non obstante veredicto upon the whole record, which is granted, such judgment will he reversed on appeal, and leave to file a motion for a new trial will not be granted, no such motion having been made or filed in the court below. The Supreme Court must accept the record of a case on appeal as it finds it and cannot read into it what it does not contain.</p>