Pyle v. Finnessy

Citations

• 275 Pa. 54
• 118 A. 568
• 1922 Pa. LEXIS 452

Syllabus

<p>Appeals — Assignments of error — Charge—Exceptions—Answers to points.</p> <p>1. Assignments of error to portions of the charge and answers to points will not be considered where it appears that, although a general exception was taken, no request was made to have the charge or the answers to points filed as a part of the record.</p> <p>2. Where no request is made to the judge at the trial before the jury has retired, to correct alleged mistakes in his instructions, only basic or fundamental errors can be considered on appeal.</p> <p>3. To state that the complaint will be subsequently averred is not sufficient, as it makes impossible a correction by the court, before a decision by the jury.</p> <p>Appeals — Assignments of error — Motion for judgment n. o. v.— Act of April 22, 1905, P. L. 286.</p> <p>4. A motion for judgment n. o. v. must be made under the Act of April 22, 1905, P. L. 286, within the time prescribed for moving for a new trial. If it is filed later than such time, an assignment of error, based on the order, will not be considered.</p> <p>Appeals — Assignments of error — Evidence—Admission of evidence — Motion to strike out.</p> <p>5. Assignments of error to the admission of evidence, will not be considered, where it appears that the evidence complained of was received before objection was interposed, and that no motion to strike it from the record appears.</p>