Mayne v. Fidelity & Deposit Co.

Citations

• 198 Pa. 490
• 48 A. 469
• 1901 Pa. LEXIS 824

Syllabus

<p>Practice, G. P.—Trial—Peservation of question of law«</p> <p>The rules established fora reservation of a question of law are: (1) The question must be one of law pui’ely, unmixed with any question of fact; (2) it must be one which rules the case so completely that its decision will warrant a binding instruction; (8) the question must be clearly stated, and the facts on which it arises must be admitted on the record or found by the jury, in order that exceptions may be taken and a review had. In determining whether a reservation is good, the Supreme Court will look at its substance notwithstanding its form, and if it violates any of these rules, a judgment entered in pursuance of it will be reversed, although an exception has not been taken.</p> <p>In an action upon a bond of indemnity, the testimony gave rise to two principal questions, one of law and one of fact: (1) Whether a prosecutor who becomes bail for a prisoner under an agreement with a third person to indemnify him, is precluded on the ground of public policy from recovering on the bond of indemnity given; (2) whether the plaintiff acted in good faith after the bond was given, and gave the surety an opportunity to perform its covenant of indemnity.' The court reserved the question which in substance was: Whether upon the whole testimony the plaintiff was entitled to recover. Held, that the reservation was clearly bad, as it involved the drawing of inferences of fact from the evidence, which was the province of the jury.</p> <p>Wherever there is a judgment on reserved points it is always desirable that there should be a written opinion to indicate to the court of errors the ground of the judgment.</p>