Gwynn v. Schwartz
West Virginia Supreme Court
Statement of the case by GreeN, Judge : This is an action of ejectment brought August, 1884, in the Circuit Court of Mason. The declaration was in proper form, and to it the defendant pleaded not guilty, on which issue was joined. There was no controversy in the court below, nor is there any in this Court about the pleadings.
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Statement of the case by GreeN, Judge : This is an action of ejectment brought August, 1884, in the Circuit Court of Mason. The declaration was in proper form, and to it the defendant pleaded not guilty, on which issue was joined. There was no controversy in the court below, nor is there any in this Court about the pleadings. When the case was tried first, the jury on February 10, 1886, found : “We, the jury, find the defendant not guilty,” and thereupon the plaintiff, Amos Gwynn, moved the court to set aside the verdict and award him a new trial, because the same was contrary to the law and…
1Opinion of the Court
Green, Judge :
The only question in this case is whether the court below *494in its judgment rendered on February 20,1886, erred in setting aside the verdict of the jury in favor of the defendant as contrary to the law and the evidence, and in awardinganew trial. A writ of error may be granted to such judgment, without reference to the final judgment in the case, and even without waiting for the new trial to be had. See Code 1887, c. 135, § 1, par. 9. A bill of exceptions was taken by the defendant to this action of the court, and in it the court certified all the evidence. The only question in…
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