64 Pa. Super. 208 | Pa. Super. Ct. | 1916
Opinion by
The court entered judgment for the defendant non obstante veredicto. No point was “drawn up in writing and handed to the court before the close of the argument to the jury,” as provided by the Act of March 24, 1877, P. L. 38, Section 1. An oral motion is not such a point: Reichner v. Reichner, 237 Pa. 540; Hanick v. Leader, 243 Pa. 372. There having been no point for binding instructions submitted, there could be no judgment n. o. v. entered under the Act of April 22, 1905, P. L. 286; Sulzner v. C. L. & M. Co., 234 Pa. 162; Haley v. Amer. Agricul. Chem. Co., 224 Pa. 316; Reichner v. Reichner, supra; Philadelphia v Bilyeu, 36 Pa. Superior Ct. 562.
More than one month after the trial, the judge allowed the motion for judgment which had been orally made at the trial to be reduced to writing, and to be filed nunc pro tunc and entered judgment n. o. v. in defendant’s favor. We cannot see how the court had power so to do.
We think the court had no right under the facts as they appear to allow the motion for binding instructions to be entered nunc pro tunc and therefore the entry of judgment n. o. v. was error.
The judgment is reversed and the record is remitted with instructions that judgment be entered on the verdict.