Heywood v. Stiles
Massachusetts Supreme Judicial Court
Contract on an account annexed to recover for the board of six men at the plaintiff’s hotel. Trial in the Superior Court, before Gardner, J., who, after a verdict for the plaintiff, reported the evidence for the consideration of this court; if upon the evidence the action could be maintained, judgment was to be entered on the verdict; otherwise, judgment was to be entered for the defendant. The nature of the evidence appears in the opinion.
1Opinion of the CourtMorton, J.
The only question presented by this report is, whether there was any evidence at the trial which would justify a verdict for the plaintiff. It must be borne in mind that this question is quite different from that raised upon a motion for a new trial if duly made in the court in which the case is pending. The weight or sufficiency of the evidence cannot be considered by us. If there was any evidence, even though contradicted by other testimony in the case, which could properly be submitted to the jury, and upon which they could legally find a verdict for the plaintiff, we cannot set aside the…
2Cited by15 opinions
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