Sloan v. Philadelphia & Reading Railway Co.
Sloan v. Philadelphia & Reading Railway Co.
Opinion of the Court
Where on an appeal from a judgment non obstante veredicto, the judgment is reversed, and the record remitted with directions to the court below to enter such judgment as law and right require, the case then stands as though no proceedings in the court below had been
The appeal is dismissed at the cost of appellant.
Reference
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- Syllabus
- Appeals — Judgment n. o. v. — Effect of reversal — New Trial. 1. Where on an appeal from a judgment non obstante veredicto, the judgment is reversed, and the record remitted with directions to the court below to enter such judgment as law and right may require, the case then stands as though no proceedings in the court below had been taken after the rendering of the verdict, and it is for that court below to take such action as in its judgment, law and right require. 2. If after such a reversal the court below orders a new trial unconditionally, the appellate court on an appeal from such order will assume the order was made in the exercise of a sound discretion, with a view to accomplish the ends of justice, and will not reverse it.