Arnold v. Kelly
West Virginia Supreme Court
Action of trover and conversion, brought by B. F. Kelly, against John S. Arnold, in the circuit court of Mineral county. Suit began in 1866, judgment for the plaintiff for 350 dollars, in March, 1869. The only question considered by this court, was the motion made by the defendant in the court below, to set aside the verdict and grant a new trial, because the verdict was uot sustained by the evidence.
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Action of trover and conversion, brought by B. F. Kelly, against John S. Arnold, in the circuit court of Mineral county. Suit began in 1866, judgment for the plaintiff for 350 dollars, in March, 1869. The only question considered by this court, was the motion made by the defendant in the court below, to set aside the verdict and grant a new trial, because the verdict was uot sustained by the evidence. The following is all the testimony introduced in the ease, as it appeared in the bill of exceptions: “ B. F. Kelly, the plaintiff, was introduced as a witness on his own behalf, and testified…
1Opinion of the Court
Berkshire, President.
There is do assignment of errors in this case, and the only questions that appear in the record are, the demurrer to the defendant’s two special pleas, and the overruling of the motion for a new trial, upon the ground that the verdict was contrary to the evidence.
It was not claimed in the argument here, that there was any error in sustaining the demurrer to the pleas; but it was insisted that the verdict was not sustained by the evidence. Hirst, because no conversion of the property was shown by the testimony. Second, because trover could not be maintained in the ease,…
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