ELLIOTT v. MILLER


206 Pa.Super. 536 (1965)

Elliott, Appellant, v. Miller.

Superior Court of Pennsylvania.

November 10, 1965.


Attorney(s) appearing for the Case

James P. Coho, with him Marshall M. Cohen, for appellant.

B.M. Zimmerman, with him Brown & Zimmerman, for appellees.

Before ERVIN, P.J., WRIGHT, WATKINS, MONTGOMERY, JACOBS, and HOFFMAN, JJ. (FLOOD, J., absent).


OPINION BY MONTGOMERY, J., November 10, 1965:

Following a jury verdict for the defendants in an action of trespass, plaintiff filed a motion for a new trial. Acting under Rule 37, Section I of the Court of Common Pleas of Lancaster County, Hon. W.G. JOHNSTONE, JR., the trial judge, sitting alone, entered an order refusing to grant plaintiff a rule to show cause why a new trial should not be granted. This appeal followed.

Rule 37, Section I, of the Common Pleas...

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