Fisher v. Harman
West Virginia Supreme Court
Error to Circuit Court, McDowell County, Action by Thomas Fisher et ads. Yerdict for defendants set aside and new trial awarded, to which judgment a writ of error was granted. »
1Opinion of the Court
Miller, Judge:
In unlawful entry and detainer the court below set aside the verdict for defendant and awarded plaintiff a new trial, to which judgment we awarded a writ of error.
*620In disposing of this case we have had in mind the general rule that a stronger case is required to justify an appellate court in disturbing an order granting a new trial, than when one has been refused, and that the judgment below 'will not be reversed, unless plainly erroneous. 10 Ency. Dig. Va. & W. Va. Repts. 471; Coalmer v. Barrett, 61 W. Va. 237, 244.
The first point is that plaintiffs’ evidence was so variant from…
2Cases cited6 opinions
- Coalmer v. BarrettWest Virginia Supreme Court · 1907
- Manss-Bruning Shoe Co. v. PrinceWest Virginia Supreme Court · 1902
- Duff v. GoodWest Virginia Supreme Court · 1884
- Davis v. MayoSupreme Court of Virginia · 1886
- Feder v. HagerWest Virginia Supreme Court · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Chilton v. WhiteWest Virginia Supreme Court · 1913
- Curtis v. MeadowsWest Virginia Supreme Court · 1919
- Wiles v. WalkerWest Virginia Supreme Court · 1921
- Curtis v. MeadowsWest Virginia Supreme Court · 1915
- Adams v. TilleyWest Virginia Supreme Court · 1920
2 more not listed; retrieve them via the Exa API.