FEGLEY v. MORTHIMER


204 Pa.Super. 54 (1964)

Fegley v. Morthimer, Appellant.

Superior Court of Pennsylvania.

June 30, 1964.


Attorney(s) appearing for the Case

John P. Lavelle, with him George A. Shutack, Marianne S. Lavelle, and Shutack, Lavelle & Lavelle, for appellant.

Laurence H. Eldredge, with him Russell P. Chaplinsky, for appellee.

Before RHODES, P.J., ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ.


OPINION BY FLOOD, J., June 30, 1964:

This is an appeal from the refusal of the court below to enter judgment for the defendant in a libel action, notwithstanding a jury verdict for the plaintiff.

The appellee moved to quash the appeal because the court below did not formally act upon the defendant's motion for judgment n.o.v. But in its opinion the court "dismissed" both of the defendant's reasons for judgment n.o.v., although it did not enter a formal order...

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