Williams v. Damico

Citations

• 76 Pa. Super. 554
• 1921 Pa. Super. LEXIS 186

Syllabus

<p>Appeals — Practice, Superior Court — Prematuie appeal.</p> <p>Appeals should not be resorted to where the effect is to bring the case into appellate courts in installments. Such practice is attended with obvious disadvantages and unnecessarily delays final disposition.</p> <p>On appeal from the refusal to grant a new trial, where a motion for judgment non obstante veredicto remains undisposed of, the record will be remitted to the court below, with direction to strike off the judgment, prematurely entered, and proceed according to law. The questions raised by the outstanding rule for judgment non obstante veredicto were, in the first instance, for the consideration of the court below, and until they are disposed of by that tribunal, the appeal from the judgment refusing a new trial is improperly taken.</p>