Studebaker Bros. v. Harbert
Idaho Supreme Court
APPEAL from the District Court of the Ninth Judicial District, for Jefferson County. Hon. James G. Gwinn, Judge. Action on a promissory note. Judgment for defendant, and plaintiff appeals. “A verdict or finding of the jury must be based upon and conform to the evidence; and a verdict wholly unsupported by any evidence whatever should not be allowed to stand.” (Abbott’s Civil Jury Trials, 3d ed., p. 748; Continental Life Ins. Co. v. Tung, 113 Ind. 159, 3 Am.
Read the full summary
APPEAL from the District Court of the Ninth Judicial District, for Jefferson County. Hon. James G. Gwinn, Judge. Action on a promissory note. Judgment for defendant, and plaintiff appeals. “A verdict or finding of the jury must be based upon and conform to the evidence; and a verdict wholly unsupported by any evidence whatever should not be allowed to stand.” (Abbott’s Civil Jury Trials, 3d ed., p. 748; Continental Life Ins. Co. v. Tung, 113 Ind. 159, 3 Am. St. 630, 15 N. E. 220; Quinton v. Cutlip, 1 Okl. 302, 32 Pae. 269.) That a verdict is palpably against the evidence is good ground for a…
1Opinion of the CourtLee, J.
This action was commenced by appellant corporation to recover upon an instalment note. The cause was tried to a jury, which returned a verdict of no cause of action, and judgment was entered against appellant for costs. This appeal was taken from the judgment, and also from the order denying the motion for new trial. The appeal from the judgment having been dismissed, the cause is here considered upon the appeal from the order overruling the motion for new trial.
The complaint alleges that respondent executed to appellant his note, payable in instalments, and. further conditioned that if the…
2Cases cited3 opinions
- Kelley v. ClarkIdaho Supreme Court · 1912
- Quayle v. ReamIdaho Supreme Court · 1909
- Times Printing & Publishing Co. v. BabcockIdaho Supreme Court · 1918
3Cited by1 opinion
- Boam v. SewellIdaho Supreme Court · 1925