Peoples National Bank v. Hazard

Citations

• 231 Pa. 552
• 80 A. 1094
• 1911 Pa. LEXIS 885

Syllabus

<p>Appeals — Assignments—Verdict—Refusal of continuance — Refusal of new trial — Practice, C. P.</p> <p>1. The verdict of the jury is not properly assignable for error.</p> <p>2. The granting or refusal of a motion for a continuance is a matter within the discretion of the trial judge, and his action will not be overruled on appeal, except for manifest error.</p> <p>3. The trial court does not err in refusing a continuance until the return of a commission issued to a distant city, where the record shows that a rule for the commission was not entered until four days before the case was called for trial, although the case had been at issue for over a year.</p> <p>4. The power of the appellate court to grant a new trial under the Act of May 20, 1891, P. L. 101, is exceptional in character and only to be exercised in very clear cases of wrong.</p> <p>5. An assignment of error to the refusal to grant a new trial will not be considered where the assignment does not set forth the motion, the reasons assigned, or the order of court.</p> <p>Evidence — Depositions—Adopting opponent’s witness.</p> <p>6. Where depositions taken on behalf of plaintiff are offered at the trial, not by the plaintiff, but by the defendant, the latter adopts the witness as his own, and he cannot complain of the action of the court in sustaining objections to certain questions asked the witness on cross-interrogatories propounded by the defendant himself.</p> <p>Promissory notes — Defenses—Evidence.</p> <p>7. In an action upon a promissory note where depositions taken on behalf of the plaintiff, but offered in evidence by the defendant, show that the plaintiff was a bona fide holder for value without notice, and such evidence is not contradicted, it is the duty of the trial judge to give binding instructions for plaintiff. In such a case although the depositions were taken for the plaintiff, the defendants adopted them when they offered them in evidence, and they cannot discredit their own testimony.