243 Pa. 372 | Pa. | 1914
Opinion by
At the trial plaintiff submitted points asking for binding instructions and a verdict was directed in his favor. Defendant did not submit any points nor ask for any specific instructions. As the record then stood defendant was in position to ask for a new trial,' or he could have caused judgment to be entered on the verdict and taken an appeal direct. He chose to file a motion for judgment non obstante, did not ask for a new trial, nor did he take any steps to put the record in shape for the purpose of appeal. He stood solely and alone on his motion for judgment n. o. v. upon the whole record under the Act of April 22, 1905, P. L. 286. In several recent cases this court has held that the right to move for judgment non obstante veredicto upon the whole record is only given to a party who has presented a point requesting binding instructions which has been reserved or refused: Haley v. American Agr. Chem. Co., 224 Pa.
This disposition of the case makes it unnecessary to enter into a discussion of the question relating to the liability of the surety on the bail bond. It only need be remarked that we are not at all convinced of the failure of the plaintiff to make out a prima facie case. On the other hand we are strongly inclined to the view that appellee was liable as surety and that he is not relieved from that liability for any of the reasons set forth in the printed argument.
Judgment reversed and is here entered for plaintiff on the verdict.