Silver v. Edelstein

Citations

• 266 Pa. 531
• 109 A. 679
• 1920 Pa. LEXIS 605

Syllabus

<p>Appeals — Practice, Supreme Court — Statement of questions involved — Assignments of error — After-discovered evidence — New trial — Abuse of discretion — Opening judgment — Removal of record by appeal.</p> <p>1. An assignment of error based on the refusal of the trial judge to allow the testimony of a witness at the first trial to be read at the second, will not be considered, where the question raised by such assignment, is not included in the statement of questions involved.</p> <p>2. An assignment of error complaining of the refusal of the court below to award a new trial, in view of after-discovered evidence, will be dismissed, where there is no abuse of discretion by the court below refusing a third trial on that ground.</p> <p>3. An assignment of error to the refusal of the court below to open a judgment, will not be considered, where it appears that at the time the application to open was made, the record had been removed to the appellate court by an appeal taken nearly six months before, and that the judgment was consequently no longer under the control of the lower court.</p>