Gallner v. Adjustment, Inspection & Appraisal Co.

Superior Court of Pennsylvania
Gallner v. Adjustment, Inspection & Appraisal Co., 80 Pa. Super. 283 (1922)
1922 Pa. Super. LEXIS 72
Gawthrop, Henderson, Linn, Porter, Trexler

Gallner v. Adjustment, Inspection & Appraisal Co.

Opinion of the Court

Per Curiam,

A motor truck, levied upon as A’s property, was claimed by his wife, who subsequently got a verdict on the trial of the interpleader which followed. The judgment creditor has appealed, contending that the evidence was insufficient to sustain the verdict and that binding instructions for it should have been given. The obstacle to our consideration of the questions sought to be raised is that appellant made no request in writing for binding *285instructions as required by the Act of April 22, 1905, P. L. 286, and the cases on the subject: Hanick v. Leader, 243 Pa. 372; Beatty v. Boyson, 62 Pa. Superior Ct. 483; Standard Brewing Co. v. Knapp Co., 79 Pa. Superior Ct. 252.

Accordingly the appeal is dismissed.

Reference

Cited By
1 case
Status
Published
Syllabus
Practice, G. P. — Point for binding instructions — Act of April 22, 1905, P. L. 286 — Appeals. Where the only question on appeal is the refusal of the trial court to give binding instructions, and it appears that the appellant made no request in writing for binding instructions, as required by the Act of April 22, 1905, P. L. 286, the appeal will be dismissed.