Flesher v. Hale
West Virginia Supreme Court
SNYDER, Jud&e, furnishes the following statement of the case: This is a writ of error to an order, made by the circuit court of Lewis county, March 16,1882, setting aside the ver-dict of the jury and grauting a new trial in an action of assumpsit brought by the plaintiff in error in the county court of said county, February 29, 1879, against the defendant in error for one thousand six hundred and forty-seven dollars and eighty-four cents, and transferred by operation of law…
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SNYDER, Jud&e, furnishes the following statement of the case: This is a writ of error to an order, made by the circuit court of Lewis county, March 16,1882, setting aside the ver-dict of the jury and grauting a new trial in an action of assumpsit brought by the plaintiff in error in the county court of said county, February 29, 1879, against the defendant in error for one thousand six hundred and forty-seven dollars and eighty-four cents, and transferred by operation of law to said circuit court beiore trial. The defendant pleaded non assumpsit and filed specifications of set-off, and the…
1Opinion of the Court
SeydeR, Judge:
The court having set aside the verdict and granted a new trial upon the facts before stated, the single question presented to this Court is, did the court in so doing err? Our statute provides that:
“No irregularity in any writ of venire facias, or in the drawing, summoning, or impaneling of jurors, shall be sufficient to set aside a verdict, unless the party making the objection was injured by the irregularity, or unless the objection was made before the swearing of the jury.” Acts 1882, sec. 19, chap. 83, p. 190.
Applying the spirit of said statute and, perhaps, extending the…
2Cases cited21 opinions
- Cancemi v. . the PeopleNew York Court of Appeals · 1858
- Cox v. . the PeopleNew York Court of Appeals · 1880
- Sweeney v. BakerWest Virginia Supreme Court · 1878
- State v. TullerSupreme Court of Connecticut · 1867
- Sarah v. StateSupreme Court of Georgia · 1859
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3Cited by22 opinions
- State v. SutphinWest Virginia Supreme Court · 1995
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- Proudfoot v. Dan's Marine Service, Inc.West Virginia Supreme Court · 2002
- Legg. v. JonesWest Virginia Supreme Court · 1944
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