Harvey v. Pollock

Citations

• 148 Pa. 534
• 23 A. 1127
• 1892 Pa. LEXIS 1018

Syllabus

<p>Nonsuit — Proper practice application to take off, and not rule to open —Exception—Appeal.</p> <p>There is no authority for opening a judgment of nonsuit. The proper practice is to apply to the court below to take off the nonsuit. If application is made within the proper time and a sufficient cause shown, the court that ordered it will take it off.</p> <p>Upon a refusal to take it off, the party injured, provided he has excepted to such refusal, is entitled to an appeal. In the absence of an exception, no appeal would lie.</p>