Stoever v. Walmer

Citations

• 140 Pa. 590
• 21 A. 444
• 1891 Pa. LEXIS 877

Syllabus

<p>1. An instruction, on the trial of an action by an administrator of a decedent, that a release of the cause of action by a former administrator, duly proved, entitled the defendant to a verdict, was not error, where-there was no attempt on the part of the plaintiff to impeach the release, and no exception taken to the ruling.</p> <p>2. Assuming, under Gordon v. McCarty, 3 Wh. 407, that the court erred in holding that the release could not be impeached because executed by a person not a party'to the record, the obvious course of the plaintiff was to make an offer for that purpose, and if the offer was excluded to-take an exception.</p> <p>3. Where a verdict was directed for the defendant, and the same day a. rule for a new trial granted, at the instance of the court, but the plaintiff, for more than a year thereafter, failed to bring the rule to argument, it was not error for the court to direct judgment to be entered on the verdict.</p>