Lockhart v. Mackie
Nevada Supreme Court
Appeal from a judgment of tbe District Court of tbe Eourtb Judicial District, Hon. R. S. Mesick presiding. Tbe facts are stated in tbe Opinion. cited tbe following authorities to show that a verdict will be set aside merely on tbe ground that it is against tbe weight of evidence: 7 Mass. 261; 18 Mass. 507; 20 Pick. 285-9; 15 Pick. 291; 1 Met. 221; 7 How.
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Appeal from a judgment of tbe District Court of tbe Eourtb Judicial District, Hon. R. S. Mesick presiding. Tbe facts are stated in tbe Opinion. cited tbe following authorities to show that a verdict will be set aside merely on tbe ground that it is against tbe weight of evidence: 7 Mass. 261; 18 Mass. 507; 20 Pick. 285-9; 15 Pick. 291; 1 Met. 221; 7 How. Prac. 64; 6 Hill,'438-444; 1 Caine, 25,162 ; 1 Marshall, 188-335 ; 4 Dana, 423 ; 1 Bibb, 129-570; 3 Bibb, 35,224; 4 Little, 259 ; 4 Monroe, 482 ; 7 Monroe, 223; 3 J. J. Marshall, 421; 2 Bibb, 33 ; 3 J, J. Marshall, 442. That it was the duty…
1Opinion of the Court
Opinion by
Beatty, J., Lewis, C. J., concurring specially.
This was an action brought for an ox team, wagon, etc. The wagon and a part of the cattle belonged to one Stockham in the year 1864, and both parties found their claim to the property on title derived from Stockham. The plaintiff claiming that Stockham sold to J. S. Bostwick, and Bostwick to plaintiff. The defendant’s theory is that Stockham sold to Symington, and Symington to defendant.
The case was tried before the Judge without a jury, who found for the defendant, and the plaintiff appeals.
The plaintiff makes but two points in this…
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