Leonard v. Leslie
Leonard v. Leslie
Opinion of the Court
The plaintiff moved to quash the appeal because the record does not show that, before verdict, an exception was noted to the charge or that the appellant requested before verdict that the charge be reduced to writing from the stenographer’s notes and filed of record. The docket entries show that the verdict was rendered on January 12, and that on the following day the defendant filed a motion for a new trial. They show nothing as to an exception to the charge or a request to have it reduced to writing and filed of record. In the stenographer’s transcript the proceedings are set down in the following order: First, the defendant excepted “ to the general charge of the court and the instructions to the jury as to the law; ” second, at the request of their counsel a bill of exceptions was sealed by the presiding judge; third, upon motion of their counsel a rule to show cause why a new trial should not be had was granted; fourth, they requested the court to order that the notes of testimony and the charge be reduced to writing and filed by the stenographer, which request was granted. In order to bring the case within the rule laid down in Curtis v. Winston, 186 Pa. 492, we must assume, without anything in the record or the stenographer’s transcript to show it, that all these proceedings were had before verdict, It would seem from the
Appeal quashed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.