Weinberger v. Suess

Citations

• 59 Pa. Super. 616
• 1915 Pa. Super. LEXIS 129

Syllabus

<p>Practice, C. P. — Rules of court — Continuance of cause — Trial without presence of party defendant or counsel.</p> <p>1. A rule of court which provides that after a daily trial list has been made up “no engagement of parties or of counsel, except in emergencies will be considered as ground for postponement,” is a proper rule, and the appellate court will not review the discretion of the trial judge in going on with the trial in the absence of the defendant and his counsel where such absence was unexcused.</p> <p>Practice, C. P. — County court of Allegheny county — Appeal—Remittitur.</p> <p>2. The action of the eourt of common pleas of Allegheny county in refusing an appeal from a judgment on a verdict of moderate amount of the county court on the ground that the verdict was excessive, will not be reversed where it appears that the county court directed that if plaintiff should file a remittitur over a certain sum with condition that the same should be paid within thirty days a new trial should be refused, and it also appears that although the plaintiff filed the remittitur and gave notice, the defendant did not pay the reduced amount.</p>