Green v. Brown & Manzanares Co.
New Mexico Supreme Court
Error to the district court of Mora county before William J. Mills, Chief Justice. Where all the reasonable probabilities and oyer-, whelming weight of evidence are against a verdict or against admissions, or so manifestly against the weight of evidence as to raise a necessary inference that it was the result of passion or prejudice, and not an intelligent or honest exercise by the jury of its proper and lawful functions, in such an emergency the verdict will be set aside. 3…
Read the full summary
Error to the district court of Mora county before William J. Mills, Chief Justice. Where all the reasonable probabilities and oyer-, whelming weight of evidence are against a verdict or against admissions, or so manifestly against the weight of evidence as to raise a necessary inference that it was the result of passion or prejudice, and not an intelligent or honest exercise by the jury of its proper and lawful functions, in such an emergency the verdict will be set aside. 3 Cyc. of L. and P., pp. 352-353. The court granted the defendants a new trial on condition that they should pay the…
1Opinion of the Court
OPINION OP THE COURT.
McFIE, J.
A reversal of this cause is urged upon three grounds:
First. That the verdict ivas contrary to the evidence and indicated prejudice and hatred.
Second. That the court erred in overruling the objection to a second trial upon the ground that the plaintiff had not complied with the order of the court granting a new trial.
Third. That the court erred in refusing to submit to the jury certain questions of fact requested' by the defendants.
The second proposition above stated will be first considered. There being no statute in this Territory governing the taxing of costs…
2Cases cited9 opinions
- Stoddard v. TreadwellCalifornia Supreme Court · 1865
- Missouri Pacific Railway Co. v. HolleySupreme Court of Kansas · 1883
- Kruger v. Adams & French Harvester Co.Nebraska Supreme Court · 1880
- Wallingford, Shamp & Co. v. BurrNebraska Supreme Court · 1885
- Conway v. CarterNew Mexico Supreme Court · 1902
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- State v. TiptonNew Mexico Supreme Court · 1953
- Duncan v. HolderNew Mexico Supreme Court · 1910
- Eckert v. LewisNew Mexico Supreme Court · 1929