227 Pa. 509 | Pa. | 1910
Opinion by
March 21, 1910:
This is an appeal from the entry of judgment in favor of the defendant non obstante veredicto, by the court of common pleas of Lackawanna county. The entry of judgment is thus set forth upon the record: “And now, January 2, 1909, the rule for a new trial is discharged. The rule for judgment non obstante veredicto is made absolute, and judgment is now entered for the defendant. Same day exception is granted to the plaintiff.” No appeal was taken from this judgment until July 19,1909, which was more than six months from the entry of the judgment, and it cannot therefore be allowed.
It does appear from the record that upon January 20,1909, some one paid a jury fee, and filed the reóeipt, and thereupon judgment for defendant was again noted. But the real and formal judgment in this case was entered by the court, as above set forth, upon January 2, 1909. And it is the entry of that judgment which is here specified as error. Furthermore, that judgment was not entered upon the verdict of the jury. It was entered in opposition to, and notwithstanding the verdict. The Act of March 29, 1805, 4 Sm. L. 242, sec. 12, providing for the payment of a jury fee, and the entry of judg
Appeal quashed.