City of Norfolk v. Pollard
Supreme Court of Virginia
Error to a judgment of the Corporation Court of the city of Norfolk, rendered April 13, 1894, in an action of assumpsit, wherein the defendant in error was the plaintiff, and the plaintiff in error was the defendant. This was an action of assumpsit on an open account of the plaintiff against the defendant for the sum of $566.70, for commissions claimed by the plaintiff of the defendant for services as auctioneer in renting market stalls.
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Error to a judgment of the Corporation Court of the city of Norfolk, rendered April 13, 1894, in an action of assumpsit, wherein the defendant in error was the plaintiff, and the plaintiff in error was the defendant. This was an action of assumpsit on an open account of the plaintiff against the defendant for the sum of $566.70, for commissions claimed by the plaintiff of the defendant for services as auctioneer in renting market stalls. The plaintiff claimed that he was employed by the city collector, with the approval of the finance committee of the city council. It was not denied that the…
1Opinion of the CourtRiely, J.
The objection was made by the counsel for the defendant in error, that it is not competent for this court to set aside the verdict of the jury and award to the plaintiff in error a new trial for any error committed during the trial, because it does *281not appear that an exception was taken to the action of the court in overruling the motion for a new trial.
It was held in Newberry v. Williams, 89 Va. 298, and the rule approved in Central Land Co. v. Obenchain, 92 Va. 130, and in Town of Bridgewater v. Allemong, 93 Va. 642, that unless the record shows that a motion for a new trial was made in the…
2Cases cited3 opinions
- Mayor of Balto. v. ReynoldsCourt of Appeals of Maryland · 1863
- Newberry v. WilliamsSupreme Court of Virginia · 1892
- Central Land Co. v. ObenchainSupreme Court of Virginia · 1895
3Cited by7 opinions
- Town of Danville v. PaceSupreme Court of Virginia · 1874
- County Court of Tyler County v. LongWest Virginia Supreme Court · 1913
- Virginia Cedar Works v. DaleaSupreme Court of Virginia · 1909
- Donohue v. Police Commissioner of Baltimore CityCourt of Appeals of Maryland · 1973
- Town of Bluefield v. DunnSupreme Court of Virginia · 1927
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