Favor v. Philbrick
Superior Court of New Hampshire
This was a writ of error to the court of eomraon pleas. The plaintiff in error brought an action of assumpsit in the common pleas, and obtained a verdict, but the court arrested the judgment. The cause was brought here by a writ of error, and the order of the common pleas arresting the judgment reversed.
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This was a writ of error to the court of eomraon pleas. The plaintiff in error brought an action of assumpsit in the common pleas, and obtained a verdict, but the court arrested the judgment. The cause was brought here by a writ of error, and the order of the common pleas arresting the judgment reversed. It was then suggested by the defendant, in error, that there was a motion in the court below for a new trial, which ought to have prevailed, and he prayed that the record might be remitted to the common pleas, in order that he might have a decision of that motion.
1Opinion of the Court
By the cpurt.
We have no doubt that the record may be remitted to the court of common pleas with directions to enter judgment upon the verdict, or grant a new trial as justice may seem to them to require. 1 Caine’s Rep. 586 ; 5 Cowen, 669 ; 3 Brod. & B. 297, Clement v. Lewis; 16 Johns. 89, Marquand v. Webb.
But it is not a matter of course thus to remit the record. If it shall be shown that there were legal grounds, which might probably induce the court below to grant a new trial, we may send the record back, but otherwise, judgment must be rendered upon the verdict here
2Cases cited1 opinion
- Marquand v. WebbNew York Supreme Court · 1819
3Cited by1 opinion
- Sargeant v. FrenchSuperior Court of New Hampshire · 1839