Williams v. Notopolos

Citations

• 262 Pa. 472
• 105 A. 819
• 1919 Pa. LEXIS 707

Syllabus

<p>Practice, G. P. — Striking case from, trial list — Venire facias de novo — -Effect of new venire.</p> <p>1. Where on the trial of an issue to determine the validity of a judgment entered on a lease, a verdict and judgment are rendered for plaintiff, and this judgment is reversed with a venire facias de novo by the Supreme Court on the ground that the plaintiff was not entitled to a judgment and a writ of habere facias possessionem for a broken condition of the lease, the court below cannot, when the case is remanded, strike it off the trial list on motion, and dismiss the proceedings.</p> <p>2. The award of a venire facias de novo means that the case should be disposed of in the regular and orderly way when reached on the trial list.</p>