Miller v. Ashcraft
Court of Appeals of Kentucky
Case 52 — PETITION ORDINARY — APPEAL PROM NELSON CIRCUIT COURT. 1. Excessive damages resulting from passion or prejudice must be shown affirmatively to exist in order to authorize a new trial upon that ground. 2. The unsupported statement of the defendant as to the newly discovered evidence was not sufficient to authorize a new trial. 3. As an appeal did not lie from the order granting a new trial the fact that the court granted an appeal did not deprive it of jurisdiction…
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Case 52 — PETITION ORDINARY — APPEAL PROM NELSON CIRCUIT COURT. 1. Excessive damages resulting from passion or prejudice must be shown affirmatively to exist in order to authorize a new trial upon that ground. 2. The unsupported statement of the defendant as to the newly discovered evidence was not sufficient to authorize a new trial. 3. As an appeal did not lie from the order granting a new trial the fact that the court granted an appeal did not deprive it of jurisdiction to try the case. 1. Although an appeal did not lie from the order granting a new trial, the court by granting an appeal…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OF THE COURT.
George S. Miller brought this action to recover for false imprisonment against E. J. Ashcraft, who was, at the time of the act complained of, marshal of the town of New Hope.
At the trial verdict of the jury was in favor of plaintiff for $500 in damages, but upon grounds filed it was set aside and a new trial granted.
At the second trial verdict was again for plaintiff, but for only $100 in damages. And now this is an appeal by plaintiff from the order of court setting aside the first verdict and granting a new trial, and from the order overruling…
2Cited by23 opinions
- State v. TaylorWashington Supreme Court · 1962
- Ashland Dry Goods Co. v. WagesCourt of Appeals of Kentucky (pre-1976) · 1946
- Jacques v. Childs Dining Hall Co.Massachusetts Supreme Judicial Court · 1923
- Great Atlantic & Pacific Tea Co. v. SmithCourt of Appeals of Kentucky (pre-1976) · 1939
- J. J. Newberry Co. v. JuddCourt of Appeals of Kentucky (pre-1976) · 1935
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