Supreme Court of Pennsylvania, 1928

Garland v. Gordon

Garland v. Gordon
Supreme Court of Pennsylvania · Decided December 3, 1928 · Moschzisker, Frazer, Walling, Simpson, Kephart, Sadler, Schaffer
144 A. 829; 295 Pa. 99; 1929 Pa. LEXIS 634

Garland v. Gordon

Opinion of the Court

Per Curiam,

In its opinion granting a new trial, the court below stated: “We have reviewed and carefully considered all evidence and are of opinion that a just disposition of the case requires that it be retried.” In Fertax Co. v. Spiegelman, 292 Pa. 139, 140, we very recently said that, where a trial court states in its opinion that “the interests of right and justice require that the case shall be retried......we do not interfere on appeal”; that authority rules this case.

The order appealed from is affirmed.

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