O'Donnell v. Flanigan

Citations

• 9 Pa. Super. 136
• 1898 Pa. Super. LEXIS 132

Syllabus

<p>Appeals — Review of discretion — Opening judgment after term.</p> <p>Granting or refusing a new trial, when asked for during the term is within the sound discretion of the trial court; but not so after the term has passed, then the rights of the parties are fixed and permanently established and nothing short of an extraordinary cause will justify the further intervention of that court.</p> <p>Manifest negligence of defendant should not be accepted as sufficient to move the court even when the motion is made in time and most certainly not after term has expired.</p>