Schock v. Berry

Citations

• 70 Pa. Super. 560
• 1919 Pa. Super. LEXIS 3

Syllabus

<p>Practice, O. P. — Refusal of nevj trial — Mistake of law — Discretion of court — Appeals.</p> <p>Where the refusal of a new trial is based upon a mistaken view of tbe law, it is such an abuse of discretion as will warrant a reversal. Such rule applies where the trial judge proceeds with the trial of a case which had been continued in accordance with the rules of the court.</p> <p>A continuance precludes any further order in a cause until the order for continuance has expired, or has been properly set aside; it is error for the court at the instance of one party to set aside an order granting a continuance without notice to the opposite party.</p>