Say v. Hodgin
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Fremont Wood, Judge. Action by plaintiff to recover damages. Judgment for plaintiff and defendant moved for a new trial and his motion was granted. Plaintiff appealed from the order granting a new trial. It is generally held an invasion of the province of the jury to set aside a verdict that is not clearly or decidedly against the evidence or the weight of evidence.
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APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Fremont Wood, Judge. Action by plaintiff to recover damages. Judgment for plaintiff and defendant moved for a new trial and his motion was granted. Plaintiff appealed from the order granting a new trial. It is generally held an invasion of the province of the jury to set aside a verdict that is not clearly or decidedly against the evidence or the weight of evidence. (Drennen v. Brown, 10 Ark. 138; Clark v. Whitaker, 19 Conn. 319, 48 Am. Dec. 160; Pitts v. Thrower, 30 Ga. 212; Thompson v. Thompson, 93 Ky. 435,…
1Opinion of the CourtWalters, District J.
This is an appeal from an order granting a new trial. The appellant, who was plaintiff below, was employed by the respondent, who was defendant in the *66trial court, as a keeper of certain property seized under attachment by the respondent as sheriff.
Two writs of attachment were issued at the instance of the plaintiff in the case then pending, and levies made thereunder by deputies under respondent, and in each instance the appellant was made keeper of such attached property.
Under the first attachment certain horses, wagons and harness were levied upon and later in part released, and two horses…
2Cases cited8 opinions
- Wolfe v. RidleyIdaho Supreme Court · 1909
- Jacksha v. GilbertIdaho Supreme Court · 1896
- Jones v. CampbellIdaho Supreme Court · 1906
- Buckle v. McConaghyIdaho Supreme Court · 1906
- Lowe v. LongIdaho Supreme Court · 1896
3 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- O'DELL v. BasabeIdaho Supreme Court · 1991
- Checketts v. BowmanIdaho Supreme Court · 1950
- Rosenberg v. ToetlyIdaho Supreme Court · 1969
- Smith v. Big Lost River Irrigation DistrictIdaho Supreme Court · 1961
- Walker v. DistlerIdaho Supreme Court · 1956
32 more not listed; retrieve them via the Exa API.