Barnes v. Morrison
Supreme Court of Virginia
Error to a judgment of the Hustings Court of the city of Boanoke, rendered June 9, 1898, in an action of trespass on the case, wherein the plaintiff in error was the plaintiff and the defendant in error was the defendant.
1Opinion of the CourtBuchanan, J.
Upon the first trial the jury rendered a verdict for the plaintiff, which was set aside by the court on motion of the defendant. On the second trial, there was a verdict and judgment for the defendant. To th#t judgment this writ of error was awarded.
By section 3484 of the Code, as amended (Acts 1889-’90, p. 360; Acts 1891-’2, p. 962), it is provided that where there have been two trials in the lower court, the appellate court shall look first to the evidence and proceedings on the first trial, and if it discovers that the court erred in setting aside the verdict on that trial, it shall set…
2Cases cited7 opinions
- Wicker v. HoppockSupreme Court of the United States · 1867
- Marie v. . GarrisonNew York Court of Appeals · 1880
- Lowe v. HarwoodMassachusetts Supreme Judicial Court · 1885
- Hunt v. ElliottIndiana Supreme Court · 1881
- Camp v. BruceSupreme Court of Virginia · 1898
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Turner & Happersett v. Hall & ConnorSupreme Court of Virginia · 1920
- Wilson v. WallSupreme Court of Virginia · 1901
- Carpenter & Co. v. Virginia-Carolina Chemical Co.Supreme Court of Virginia · 1900
- McDaniel v. DavesSupreme Court of Virginia · 1924
- Boone v. StacyDistrict Court, E.D. Virginia · 1984
9 more not listed; retrieve them via the Exa API.