Legal Opinion

Rathbone v. Stanton

New York Supreme Court

Decided March 6, 1849PublishedCited by 2 opinions

Error to the Oswego county court. Rathbone sued Stanton, before a justice of the peace, and declared against him for the use and occupation of a certain farm in the town of Constantia, from April 2,1842, to January 20,1847, claiming $ 100 damages. The defendant pleaded the general issue, and gave notice of set-off for clearing land, splitting rails, building fences, paying taxes, erecting buildings, for moneys advanced, labor and services, goods and wares, &c.

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Error to the Oswego county court. Rathbone sued Stanton, before a justice of the peace, and declared against him for the use and occupation of a certain farm in the town of Constantia, from April 2,1842, to January 20,1847, claiming $ 100 damages. The defendant pleaded the general issue, and gave notice of set-off for clearing land, splitting rails, building fences, paying taxes, erecting buildings, for moneys advanced, labor and services, goods and wares, &c. The cause was tried by a jury. Abner H. Allen, the plaintiff’s agent, testified that in the spring of 1842 he let the farm to the…

1Opinion of the Court

By the Court, Gridley, J.

There is at this day no doubt, and there never should have been any, that the verdict of a jury should be set aside where there has been no evidence to support it. The doctrine found in the 10th Wendell’s Rep. 411, 413, 425, has been since reconsidered and materially modified. The true doctrine is this: When there is a disputed question of fact, and evidence has been given on both sides of such question, the courts will not disturb the finding of the jury. But when upon any one question which is decisive against either party, there is evidence on one side of such…

2Cited by2 opinions

  1. Searles v. Cronk, New York County Courts1869
  2. Danihee v. HyattNew York Supreme Court · 1891

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