De Grote v. De Grote

Supreme Court of Pennsylvania
De Grote v. De Grote, 175 Pa. 50 (Pa. 1896)
34 A. 312; 1896 Pa. LEXIS 1205
Dean, Fell, Green, McCollum, Sterrett

De Grote v. De Grote

Opinion of the Court

Per Curiam,

According to the record, as amended prior to the trial, this was a feigned issue betweer Johanna Frederika De Grote, as plaintiff, and Mary Jane De Grote, as defendant, to determine which of the parties was entitled to the money paid into court by “the Grand Lodge of the Jurisdiction of Pennsylvania *52Ancient Order of United Workmen,” the original defendant in the suit. The issue came on for trial, and the learned judge who presided thereat directed the jury to find for the defendant. The subjects of complaint are, (1) refusal of the court to continue the case on application of the plaintiff; (2) refusal “ to grant the plaintiff a new trial,” and (3) that the court erred in directing the jury to find for the defendant. This last specification was filed at bar, by leave of court.

We have considered the record with special reference to each of these specifications of error, and are all of opinion that neither of them should be sustained. Except in clear cases of abuse of discretion, refusal of the court to continue a cause or to grant a -new trial is not assignable for error ; and there is nothing in this case to make either an exception to the general rule. The first and second specifications are therefore dismissed. As to the binding instruction complained of in the third specification, we think the learned trial judge committed no error. There is nothing in either of the specifications that requires discussion.

Judgment affirmed.

Reference

Full Case Name
Johanna F. De Grote v. Mary Jane De Grote
Cited By
6 cases
Status
Published
Syllabus
Practice, O. P. — Practice, S. G. — Gontinua/nce of case — Refusal of new trial. Except in clear cases of abuse of discretion the refusal of the court to continue a cause or to grant a new trial is not assignable for error. Beneficial associations — Husband and wife — Beneficiary. Albert De Grote became a member of a beneficial association and had the beneficiary’s certificate made payable to “ Mary Jane De Grote, bearing relationship to myself of wife.” At the time he joined the association the choice of members was unlimited as to whom they could name as beneficiary. At the time of De Grote’s death an applicant was restricted in choice to one or more members of his family, or some one related to him by blood, or who should be dependent upon him. De Grote had been married to Mary Jane De Grote by a clergyman and had lived with her for several year's as her husband, though he had two wives living at the time of his marriage to her. Subsequently he obtained divorces from his former wives, and remarried Mary Jane. Held, that Mary Jane was entitled to the beneficial fund even if she were not De Grote’s lawful wife.