Roth v. East Connellsville Coke Co.

Citations

• 242 Pa. 23
• 88 A. 781
• 1913 Pa. LEXIS 830

Syllabus

<p>Practice, C. P. — Court and jury — Mandamus—Trials—Terdicts —Power of court — Province of jury.</p> <p>1. A verdict is the decision of a jury reported to the court on matter Submitted to them in a trial. It is their act and within their exclusive province. A judge cannot render a verdict.</p> <p>2. On the trial of a mandamus, wherein the issue was raised by the plaintiff’s traverse of the defendant’s return to an alternative writ, after the introduction of plaintiff’s and defendant’s evidence, the trial judge, at his own instance, withdrew a juror and continued the case and dismissed the petition. Ten months later he, by order filed, directed a verdict in favor of the defendants nunc pro tunc as of the date of the trial, and ordered judgment to be entered thereon. Held, that such order was irregular and void.</p>