Edwards v. O'Brien
Wyoming Supreme Court
Error to the District Court of Laramie County. The facts are stated in the opinion. The court erred in overruling the motion of the defendant for a new trial.
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Error to the District Court of Laramie County. The facts are stated in the opinion. The court erred in overruling the motion of the defendant for a new trial. The verdict being clearly against the Aveight of evidence it was the duty of the judge to grant a new trial. 3 Graham and Waterman on New Trials, pages 1207-8; Hilliard on New Trials, page 336, see..l, and page 358, sec. 44. It is evident that the jury either misunderstood the evidence, or else rendered a verdict wilfully in opposition to the facts appearing from it and the instructions of the court, and in either case the judgment of…
1Opinion of the CourtParks, J.
This case is fairly stated by the attorneys, substantially as follows:
*476This action was originally commenced in the probate court of Laramie county, by the defendant in error, by his filing a claim against the estate of Lucy A. Edwards, deceased. The allowance of the account was resisted by the plaintiff in error, administrator of the estate, and after a trial in the probate court the entire claim was disallowed by said court. The defendant in error then prosecuted an appeal to the district court of Laramie county, when a trial by jury was had and a verdict-rendered in his favor. The plaintiff…
2Cases cited2 opinions
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