Central Land Co. v. Obenchain
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Botetourt county, rendered October 27, 1893, in an action of assumpsit wherein the defendant in error was the plaintiff, and the plaintiff in error was the defendant. There were two trials of this case in the Circuit Court of Botetourt county, and on each trial there was a verdict for the plaintiff.
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Error to a judgment of the Circuit Court of Botetourt county, rendered October 27, 1893, in an action of assumpsit wherein the defendant in error was the plaintiff, and the plaintiff in error was the defendant. There were two trials of this case in the Circuit Court of Botetourt county, and on each trial there was a verdict for the plaintiff. The verdict on the first trial was set aside by the Circuit Court, on the motion of the defendant, on the usual terms as to payment of costs. The Circuit Court refused to set aside the verdict on the second trial, and entered up judgment for the…
1Opinion of the CourtBuchanan, J.
Where a verdict has been set aside and a new trial granted, sec. 3542 of the Code requires that the party to whom the new trial is granted shall, previous to such new trial, pay the costs of the former trial, unless the court shall enter of record that the new trial was granted because of the misconduct of the opposite party, and shall otherwise order. But if he fails to pay the costs on or before the next term after the new trial is granted, the court may, upon motion of the opposite party, set aside the order granting it and pi-oceed to judgment on the verdict, or award execution for such…
2Cases cited1 opinion
- Newberry v. WilliamsSupreme Court of Virginia · 1892
3Cited by16 opinions
- Rowland v. KableSupreme Court of Virginia · 1940
- Clay v. ButlerSupreme Court of Virginia · 1922
- Jordan & Davis v. Annex Corp.Supreme Court of Virginia · 1909
- Driver's Administrator v. Southern Railway Co.Supreme Court of Virginia · 1905
- City of Norfolk v. PollardSupreme Court of Virginia · 1897
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