Mayer v. Wiltberger
Chatham Superior Court, Ga.
Motion for a New Trial, 1. The verdict of a Special Jury must be manifestly contrary to evidence and the principles of Justice, to justify the Court in granting a new trial^ In case of doubt, the Court will not interfere, especially after two concurrent verdicts. 2. The admission of an incompetent witness is not ground fot a new trial, where all the facts, testified to by him, arc proved by other testimony. 3. The devise of an absolute estate in foe may be qualified, by a…
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Motion for a New Trial, 1. The verdict of a Special Jury must be manifestly contrary to evidence and the principles of Justice, to justify the Court in granting a new trial^ In case of doubt, the Court will not interfere, especially after two concurrent verdicts. 2. The admission of an incompetent witness is not ground fot a new trial, where all the facts, testified to by him, arc proved by other testimony. 3. The devise of an absolute estate in foe may be qualified, by a subsequent limitation upon contingency, in the same will. 4. But if such contingent be an indefinite failure of issue: it…
1Opinion of the Court
On the trial of this cause before the Petit Jury, as also before the *21Special Jury, at the present term, verdicts were returned by each, in favor of the above named plaintiff, with costs of suit.
And now the defendant moves for a new trial, on the following grounds:
First: Because his Honor, the presiding Judge, erred, in admitting John Hover, to be sworn as a witness ; he being incompetent, by reason of his interest, as executor of the will, under which the plaintiff claimed.*
Second: Because, by and under the will of Cyrenus Mayer, the elder, the property, the subject of-dispute in the above…
2Cases cited4 opinions
- Ogden v. SaundersSupreme Court of the United States · 1827
- Anderson v. JacksonNew York Supreme Court · 1819
- Thompson v. PeterSupreme Court of the United States · 1827
- John Hagan, in Error v. Thomas J. FoisonSupreme Court of the United States · 1836