Berry v. Merrill

The defendants argue that the plaintiffs’ exceptions present no question of law for decision here because “the granting of defendants’ motion presupposes that the trial court decided as a fact upon the evidence in the case that his equity conscience was not convinced by the verdict of the jury and that upon the evidence the defendants were entitled to have the bill dismissed.”

This position is not well taken. In this jurisdiction the trial judge can no more disregard the verdict of a jury in an equity case than in an action at law. “There is no distinction between suits at law and in equity in…