C., H. & D. R. R. v. Morris
Miami Circuit Court
Error to the common pleas court. The original action in the common pleas court was brought by John W. Morris v. The C., H. & D. Railroad Company on December 29, 1888. The cause was three times tried to a jury, resulting each time in a verdict for the plaintiff. The first verdict was set aside by the trial judge. The second by the circuit court at a former term for error in the admission of evidence, and because the verdict was against the weight of the evidence.
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Error to the common pleas court. The original action in the common pleas court was brought by John W. Morris v. The C., H. & D. Railroad Company on December 29, 1888. The cause was three times tried to a jury, resulting each time in a verdict for the plaintiff. The first verdict was set aside by the trial judge. The second by the circuit court at a former term for error in the admission of evidence, and because the verdict was against the weight of the evidence. After the cause was remanded to the common pleas court, the plaintiff below, on May 1,1894, filed his second amended petition which…
1Opinion of the CourtAeeread, J.
We do not deem it necessary to discuss all of the numerous questions-presented in the record or suggested by counsel. Those only which are considered important will be adverted to. The validity of the bill of exceptions *643taken upon the trial of cause is challenged upon the grounds following:
First — That it was not properly presented, allowed and authenticated.
Second — That it does not purport to embody all the evidence.
Third — That the bill of exceptions as allowed is not true.
To sustain the claim that the bill of exceptions was not properly allowed or authenticated, it is proposed to show…
2Cases cited3 opinions
- Bank v. Sheriff of Sevier CountyTennessee Supreme Court · 1849
- Sullivan v. HorganSupreme Court of Rhode Island · 1890
- Bartlett v. JewettIndiana Supreme Court · 1884