French v. Wheldon
Supreme Court of Vermont
Assumpsit. Plea, the general issue. Trial by jury at the June Term, 1915, Windsor County, Fish, J., presiding. Verdict and judgment for plaintiff. Defendant excepted. The opinion states the case. Courts of appellate jurisdiction will revise the action of the trial court in denying a motion to set aside the verdict where, upon an examination of the evidence, it clearly appears that the jury were mistaken.
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Assumpsit. Plea, the general issue. Trial by jury at the June Term, 1915, Windsor County, Fish, J., presiding. Verdict and judgment for plaintiff. Defendant excepted. The opinion states the case. Courts of appellate jurisdiction will revise the action of the trial court in denying a motion to set aside the verdict where, upon an examination of the evidence, it clearly appears that the jury were mistaken. Wheatley v. Waldo, 36 Vt. 237; Tufts v. Chester, 62 Vt. 352; German v. Bennington & Butlamd B. Co., 71 Vt. 70; Needham v. B. & M. B. B. Co., 82 Vt. 518. There is error in the verdict where it…
1Opinion of the CourtT'aylor, J.
This is an action of general assumpsit brought to the county court on defendant’s appeal. Plaintiff seeks to recover a balance claimed to be due on a contract for pulp wood delivered to defendant in 1910. Defendant filed a declaration in off-set and there was a trial by jury with a verdict for plaintiff for $97.62. After verdict and before judgment defendant moved to set aside the verdict on the grounds that it was (1) against the weight of evidence, (2) contrary to the evidence, and (3) contrary to the court’s instructions. The motion was overruled and defendant excepted. The transcript of…
2Cases cited7 opinions
- Lincoln v. Central Vermont Railway Co.Supreme Court of Vermont · 1909
- Manley Bros. v. Boston & Maine RailroadSupreme Court of Vermont · 1916
- Barrette v. CarrSupreme Court of Vermont · 1903
- Bagley v. CooperSupreme Court of Vermont · 1916
- Howton v. E. A. Strout Farm AgencySupreme Court of Vermont · 1916
2 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Higgins, Admr. v. MetzgerSupreme Court of Vermont · 1928
- Johnson v. Hardware Mutual Casualty Co.Supreme Court of Vermont · 1938
- Smith v. MartinSupreme Court of Vermont · 1919
- Robinson v. LeonardSupreme Court of Vermont · 1926
- Shields v. Vermont Mutual Fire InsuranceSupreme Court of Vermont · 1929
30 more not listed; retrieve them via the Exa API.