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FALGIATORE v. FALGIATORE

378 Pa. 586 (1954)

Falgiatore, Appellant, v. Falgiatore.

Supreme Court of Pennsylvania.

September 27, 1954.

Attorney(s) appearing for the Case

Thomas C. DiNardo, for appellant.

Thomas I. Guerin, with him Isadore Penn, for appellee.

Before STERN, C.J., STEARNE, JONES, BELL, CHIDSEY, MUSMANNO and ARNOLD, JJ.

OPINION BY MR. JUSTICE ARNOLD, September 27, 1954:

In this action of assumpsit the court below entered judgment on the verdict of the jury in favor of the defendant. The plaintiff appeals from the refusal of his motions for judgment non obstante veredicto and for a new trial.

The plaintiff presented no point for binding instructions and, therefore, a judgment n.o.v. cannot be entered, nor can the want of a timely presentation...

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