Legal Opinion

Phillpotts v. Blasdel

Nevada Supreme Court

Decided April 15, 1872PublishedCited by 14 opinions

Appeal from tbe District Court of the Eighth Judicial District, White Pine County. The facts are stated in the opinion. A verdict having been found in the court below for defendant and plaintiff’s motion for new trial having been granted, defendant appealed from the order. I. The court below erred in granting a new trial on the ground of insufficiency of evidence.

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Appeal from tbe District Court of the Eighth Judicial District, White Pine County. The facts are stated in the opinion. A verdict having been found in the court below for defendant and plaintiff’s motion for new trial having been granted, defendant appealed from the order. I. The court below erred in granting a new trial on the ground of insufficiency of evidence. The question is here, (as it' was below) is the evidence sufficient in law ? If there was some evidence to support the verdict, if there was a substantial conflict, then the- new trial should have been denied. 4 Nev. 156, 304, 395.…

1Opinion of the Court

By the Court,

Garber, J.:

This is an appeal from an order granting a new trial. The grounds upon which it was granted are thus stated by the district judge: “This is an action brought to recover possession of twenty feet of the Ward Beecher ledge, lying immediately south of a line drawn east and west through a point at the south side and east end of the Ward Beecher *66cut. The'jury gave a verdict for the defendant, and the plaintiff now moves for a new trial, on the sole ground that the evidence is insufficient to justify, the verdict.

“ The Supreme Court of this State (in 5 Nev. 422) has very…

2Cases cited3 opinions

  1. State v. Yellow Jacket Silver Mining Co.Nevada Supreme Court · 1868
  2. Blaisdell v. Steamboat William PopeSupreme Court of Missouri · 1853
  3. Burlington Gas Light Co. v. Geeen, Thomas & Co.Supreme Court of Iowa · 1866

3Cited by14 opinions

  1. Solen v. Virginia & Truckee RailroadNevada Supreme Court · 1878
  2. City of Tacoma v. Tacoma Light & Water Co.Washington Supreme Court · 1897
  3. Shreve v. Copper Bell Mining Co.Montana Supreme Court · 1891
  4. Lebanon Mining Co. v. Consolidated Republican Mining Co.Supreme Court of Colorado · 1882
  5. Shoshone Min. Co. v. RutterCourt of Appeals for the Ninth Circuit · 1898

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