Vandever v. Wilson
Supreme Court of Arkansas
This was an action of debt, .determined in the Crawford Circuit Court, at August term, 1843, before the Hon. R. C. S. Brown, one of the circuit judges. Wilson sued Vandever on a bond for $.220, bearing ten per cent, interest. V. pleaded that the consideration was usurious, and that the note was void.
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This was an action of debt, .determined in the Crawford Circuit Court, at August term, 1843, before the Hon. R. C. S. Brown, one of the circuit judges. Wilson sued Vandever on a bond for $.220, bearing ten per cent, interest. V. pleaded that the consideration was usurious, and that the note was void. The plaintiff replied, denying the usury; issue, and trial by jury, who found for the plaintiff". V. moved for a new trial, but his motion was overruled — he excepted, and filed his bill of exceptions. There was a good deal of testimony offered, but the substance of it is stated in the opinion of…
1Opinion of the Court
By the Court,
Lacy, J.
The circuit court properly refused to award a new trial. The motion filed for that purpose is legitimately confined to a comparison and weight of evidence. It states that the issue formed was immaterial, and that the verdict was not responsive to it.
The verdict was responsive to the issue. The plea was usury, which was a material issue, and the finding negatived the usury, To authorize a court to set aside a verdict on this ground, it must appear, as it has often been declared, that the finding is not only contrary to evidence, or against the weight of testimony; but it…
2Cited by3 opinions
- Missouri Pacific Railroad Co. v. HendersonSupreme Court of Arkansas · 1937
- Gatlin v. WilcoxSupreme Court of Arkansas · 1870
- U. S. F. & G. Co. v. HaganSupreme Court of Arkansas · 1969