How v. Bodman
Ohio Superior Court, Cincinnati
Special Term. — This was an action for libel, tried before Storer, J., at the December term, A. d. 1855, resulting in a verdict for the defendant.
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Special Term. — This was an action for libel, tried before Storer, J., at the December term, A. d. 1855, resulting in a verdict for the defendant. Thereupon the plaintiff files his motion for a new trial for reasons: 1. That the verdict was contrary to the evidence. 2. That it was contrary to the law, as given in charge by the court. 3. That by inadvertence of counsel, or his neglect, the' plaintiff, who would otherwise have testified in his own case, was prevented from being a witness, whereby the full merits of the case were not presented to the jury; that, thereby he was surprised, and…
1Opinion of the CourtStorer, J.
The plaintiff has filed his motion for a new trial, and alleges the following reasons:
1. That the verdict was contrary to the evidence.
2. That it was contrary to the law, as given in charge by the court.
3. That by inadvertence of counsel, or _his neglect, the plaintiff', who would otherwise have testified in his own case, was prevented from being a witness, whereby the full merits of the case were not presented to the jury; that, thereby he was surprised, and ought, in justice, to have a new trial.
4. That sinee the trial, evidence material to the issue has been discovered, which was not known…
2Cases cited3 opinions
- Steinbach v. Columbian InsuranceNew York Supreme Court · 1804
- Yates v. MonroeIllinois Supreme Court · 1851
- Patterson v. MatthewsCourt of Appeals of Kentucky · 1813