Moyer v. Phillips

Citations

• 40 Pa. Super. 1
• 1909 Pa. Super. LEXIS 554

Syllabus

<p>Practice, C. P. — New trial — Appeals—Paper-books—Quashing appeal.</p> <p>1. When on application for a new trial the court below, on a review of the whole case, concludes, in the exercise of its judicial discretion, to let the verdict stand as the judgment of the court, nothing but a manifest abuse of this discretion will justify the appellate court in disturbing the conclusion.</p> <p>2. The power of the appellate court to grant a new trial is exceptional in character and only to be exercised in very clear cases of wrong or injustice which the court below should have remedied.</p> <p>3. An appeal will be quashed when the reasons upon which a motion for a new trial were based are not printed in the appellant’s paper-book, when no exception was allowed to the refusal of a new trial, and when evidence was not certified by the trial judge in compliance with rule VI,</p>