Hazen v. Henry
Supreme Court of Arkansas
Writ of error to the circuit court of Crawford county. Action of assumpsit, by John Henry against Thomas Hazen, determined in the circuit court of Crawford county, before the Hon. R. C. S. Brown, one of the circuit judges. The declaration contained a special count on a draft, and a count for money had and received. At the August term, 1843, the defendant demurred to the first count, and pleaded non assumpsit to the second, upon which issue was taken.
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Writ of error to the circuit court of Crawford county. Action of assumpsit, by John Henry against Thomas Hazen, determined in the circuit court of Crawford county, before the Hon. R. C. S. Brown, one of the circuit judges. The declaration contained a special count on a draft, and a count for money had and received. At the August term, 1843, the defendant demurred to the first count, and pleaded non assumpsit to the second, upon which issue was taken. The demurrer was sustained — there was a trial of the issue on the second count, and a verdiGt and judgment for the defendant. The plaintiff…
1Opinion of the Court
Johnson C. J.,
delivered the opinion of the court.
The record in this case raises but one single question for the'consideration and decision of this court. The points heretofore decided by this court, we consider in strict accordance with the law, and the only question which now remains for our decision, is whether the court below should have granted a new trial upon the ground that the verdict of the jury was contrary to the evidence.In order to authorize a Hew trial upon the ground that the verdict is contrary to the evidence, it is essentialjhat it should not only be against the weight of…
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