Legal Opinion

Libby v. Dalton

Nevada Supreme Court

Decided July 15, 1873PublishedCited by 5 opinions

Appeal from the District Court of the .Second Judicial District, "Washoe County. This was an action against Peter Dalton as principal and John S. Bowker and A. A. Longley as sureties, on an injunction undertaking to recover the sum of fifteen hundred and fifty dollars damages. There was a verdict and judgment for plaintiff in the sum of seven hundred and fifty dollars.

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Appeal from the District Court of the .Second Judicial District, "Washoe County. This was an action against Peter Dalton as principal and John S. Bowker and A. A. Longley as sureties, on an injunction undertaking to recover the sum of fifteen hundred and fifty dollars damages. There was a verdict and judgment for plaintiff in the sum of seven hundred and fifty dollars. Afterwards a motion for a new trial was made by defendants, on the grounds, among others, of excessive damages and insufficiency of the evidence to justify the verdict; and a statement was filed upon said motion, certified by…

1Opinion of the Court

By the Court,

Belknap, J.:

The defendant was granted a new trial upon the ground of insufficiency of the evidence to justify the verdict. The statement fails to show that it contains all of the evidence. Orders denying motions for new trials made upon'statements failing to expressly show that all of the evidence was before the court have been uniformly affirmed. Such rulings are based upon the presumption that all intendments being in favor of the verdict the omitted evidence would sustain it. It is not the intention of the law that the question of insufficiency of evidence shall be entrusted…

2Cited by5 opinions

  1. State ex rel. Abel v. EggersNevada Supreme Court · 1913
  2. Quinn v. QuinnNevada Supreme Court · 1903
  3. County of White Pine v. HerrickNevada Supreme Court · 1886
  4. In Re MacDonnell's EstateNevada Supreme Court · 1936
  5. MacDonnell v. ArnottNevada Supreme Court · 1936

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