Jones v. Rixey
Supreme Court of Virginia
Error to judgment of circuit court of Culpeper county, rendered in an action of assumpsit instituted by P. M. Rixey against P. M. Jones and P. E. Jones in April, 1880, to recover from them the sum of $489.57, with interest thereon from 19th April, 1880, until paid, that being the sum paid by Rixey on that day as surety for John T. Jones, and against which debt the defendants by writing by them signed, dated 23d July, 1866, had, for a valuable consideration, agreed to…
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Error to judgment of circuit court of Culpeper county, rendered in an action of assumpsit instituted by P. M. Rixey against P. M. Jones and P. E. Jones in April, 1880, to recover from them the sum of $489.57, with interest thereon from 19th April, 1880, until paid, that being the sum paid by Rixey on that day as surety for John T. Jones, and against which debt the defendants by writing by them signed, dated 23d July, 1866, had, for a valuable consideration, agreed to indemnify him. The debt was evidenced by a bond of John T. Jones as principal, and Rixey as surety, dated 23d August, 1857, for…
1Opinion of the CourtRichardson, J.
The principles governing courts in respect to setting aside verdicts and granting new trials, have been often laid down by this court. Burks, J., in Blair & Hoge v. Wilson, 28 Gratt. 165, says: “Every reasonable presumption should be made in support of a verdict of a jury fairly rendered, and according to the long established, well settled rule of this court, such a verdict cannot be set aside as against the evidence, unless there is a plain deviation—unless the evidence is plainly insufficient to warrant the finding.” See also Read’s Case, 22 Gratt. 924, and Bell v. Alexander, 21 Gratt. 8,…
2Cases cited1 opinion
- Blair & Hoge v. WilsonSupreme Court of Virginia · 1877
3Cited by5 opinions
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- Norfolk & W. R. Co. v. PrinnellSupreme Court of Virginia · 1887
- Stoneman v. CommonwealthSupreme Court of Virginia · 1874
- Stoneman v. CommonwealthSupreme Court of Virginia · 1874
- Stoneman v. CommonwealthSupreme Court of Virginia · 1874