Foster v. Robinson
Ohio Supreme Court
*Error to the court of common pleas of Jefferson county. Reserved by the district court of said county. The original action was replevin for “ two stacks of wheat.” Plea, general issue. At the August term, 1851, of the court of common pleas, the cause was tried to a jury, who returned a verdict for the plaintiff below, and assessed his damages at five cents.
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*Error to the court of common pleas of Jefferson county. Reserved by the district court of said county. The original action was replevin for “ two stacks of wheat.” Plea, general issue. At the August term, 1851, of the court of common pleas, the cause was tried to a jury, who returned a verdict for the plaintiff below, and assessed his damages at five cents. The defendants below moved to set aside the verdict, and for a new trial, because the verdict was against the evidence, and because the court erred in admitting evidence, and in their charge to the jury; which motion the court overruled,…
1Opinion of the CourtBrinkerhoff, J.
There was a motion for new trial after verdict in the court below, which was overruled; but this ruling was not excepted to ; it is not especially assigned for error, nor is there any general assignment of error; it may, therefore, be considered as out of the case.
*The charge which the court below was asked by the defend- [95 ant to give to the jury in the trial, and the refusal of which is made the ground of the first assignment of error, seems, in effect, to have required from the court an expression of opinion on the weight and credibility of testimony. If so, it was certainly right for…
2Cases cited3 opinions
- Van Ness v. PacardSupreme Court of the United States · 1829
- Stultz v. DickeySupreme Court of Pennsylvania · 1812
- Comfort v. Duncan, Pennsylvania Court of Common Pleas, Philadelphia County1836