Lucas v. Locke
West Virginia Supreme Court
, This was a writ of error and supersedeas to a judgment of the circuit court of Jefferson county, entered on the 17th day of November 1874, setting aside a verdict of a jury rendered theretofore against the defendant John J. Locke, and granting him a new trial in a case then pending in said court, in which Robert Lucas, Jr., was plaintiff, and John J. Locke and others were defendants. The writ of error was allowed upon the petition of the plaintiff.
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, This was a writ of error and supersedeas to a judgment of the circuit court of Jefferson county, entered on the 17th day of November 1874, setting aside a verdict of a jury rendered theretofore against the defendant John J. Locke, and granting him a new trial in a case then pending in said court, in which Robert Lucas, Jr., was plaintiff, and John J. Locke and others were defendants. The writ of error was allowed upon the petition of the plaintiff. The Hon. John Blair Hoge-, Judge of the third judicial circuit, presided below. JOHNSON Judge, who delivered the opinion of the Court, states…
1Opinion of the Court
JOHNSoN, Judge :
The writ of error in this case was obtained under the provision of section 1, chapter 16, of the acts of 1872-3, which allows a writ of error to the judgment of *87the court in setting aside a verdict and granting a new trial, without waiting lor the new trial to be had.
No other ground for setting aside the verdict and granting the new trial, was made the basis of the motion in the court below, other than that disclosed in the affidavit, of after-discovered evidence. Notwithstanding this fact, if it appear from an inspection of the bill of exceptions made part of the record, and…
2Cases cited1 opinion
- Shrewsbury v. MillerWest Virginia Supreme Court · 1877
3Cited by18 opinions
- Wheeling v. BlackWest Virginia Supreme Court · 1884
- Dower v. ChurchWest Virginia Supreme Court · 1882
- Welch v. County Court of Wetzel CountyWest Virginia Supreme Court · 1886
- Village of Barboursville Ex Rel. Bates v. TaylorWest Virginia Supreme Court · 1934
- City of Mullens v. DavidsonWest Virginia Supreme Court · 1949
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