Legal Opinion

Rosenthal v. Fox

West Virginia Supreme Court

Decided April 23, 1912PublishedCited by 2 opinions

Error to Circuit Co-urt, Cabell County. Action by Samuel Rosenthal and another, partners, against Sam Fox and another. Judgment for defendants, and plaintiffs bring enor.

1Opinion of the Court

EobiNSON, Judge:

An examination of the record discloses no error committed at the trial to the prejudice of the defendants. Nor does it show the verdict found by the jury in favor of the plaintiffs to- he contrary to law and the evidence. Therefore, the order of the trial court setting aside the verdict and granting a new trial is not justified. Robinson v. Kistler, 62 W. Va. 489. By a fair and proper submission o'f the case, the plaintiffs obtained a verdict on which they should have had judgment. The order denying them that right is not warranted by the record. The court at the trial…

2Cases cited3 opinions

  1. Robinson v. KistlerWest Virginia Supreme Court · 1907
  2. Commercial Union Assurance Co. v. Everhart's Adm'rSupreme Court of Virginia · 1892
  3. Gray v. MankinWest Virginia Supreme Court · 1911

3Cited by2 opinions

  1. Peters v. HajacosWest Virginia Supreme Court · 1922
  2. Rosencrance v. KelleyWest Virginia Supreme Court · 1914

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