Sydney v. Linton

Citations

• 216 Pa. 240
• 65 A. 668
• 1907 Pa. LEXIS 790

Syllabus

<p>Nonsuit — Delay in returning commission — Discretion—Review.</p> <p>The Supreme Court will not review the discretion of the court below in nonsuiting a case because of unreasonable and improper delay of the plaintiff in securing the return of a commission to take testimony.</p> <p>The correctness of a nonsuit must be decided on the facts as they were before the court at the time. Facts subsequently appearing by depositions or otherwise might authorize a judge to take off the nonsuit, but could not make it error for him not to do so.</p>