Liquid Carbonic Co. v. Truby

Citations

• 40 Pa. Super. 634
• 1909 Pa. Super. LEXIS 653

Syllabus

<p>Landlord and tenant — Execution—Goods of stranger.</p> <p>1. A landlord who enters judgment by virtue of a warrant of attorney contained in a lease cannot, under a fieri facias on such judgment, levy upon and sell the goods of a stranger found on the demised premises.</p> <p>Practice, C. P. — Raising question of law — Motion for judgment n. o. v.— Appeals.</p> <p>2. A legal principle not cited in the argument at the trial against a point for binding directions in favor of the defendant, may, all the same, be brought forward in argument in opposition to a motion for judgment in defendant’s favor non obstante veredicto. To hold otherwise would be contrary to the spirit as well as the letter of the Act of April 22, 1905, P. L. 286, one purpose of which was to give opportunity for more deliberate review and consideration of the facts and the law applicable to them than ordinarily can be had on the trial.</p>