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Argued December 3, 1928. 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. *Page 101
Document Info
Docket Number: Appeal, 91
Judges: Moschzisker, Frazer, Walling, Simpson, Kephart, Sadler, Schaffer
Filed Date: 12/3/1928
Precedential Status: Precedential
Modified Date: 3/1/2024