Legal Opinion

Byrd v. Small

Supreme Court of South Carolina

Decided July 1, 1871PublishedCited by 1 opinion

Before CARPENTER, J., at Charleston, February Term, 1870. This was an action of trespass to try title, commenced in June, 1869. The jury found a verdict for the plaintiffs, and the defendant moved for a new trial on the Judge’s minutes, on the grounds: “ 1. That the verdict is against evidence. 2. That the verdict is against law.” His Honor granted the motion, and made an order as follows: “Ordered that the verdict be set aside, and a new'trial granted.”

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Before CARPENTER, J., at Charleston, February Term, 1870. This was an action of trespass to try title, commenced in June, 1869. The jury found a verdict for the plaintiffs, and the defendant moved for a new trial on the Judge’s minutes, on the grounds: “ 1. That the verdict is against evidence. 2. That the verdict is against law.” His Honor granted the motion, and made an order as follows: “Ordered that the verdict be set aside, and a new'trial granted.” The plaintiffs appealed, and stipulated that, if the order be affirmed, judgment absolute should be rendered against the plaintiffs, and in…

1Opinion of the Court

The opinion of the Court was delivered by

Wright, A. J.

In this case a verdict having been rendered for the plaintiffs, a motion was made, on the part of the defendant, to set it aside, on the ground that “it was contrary to law, as stated in the charge of the Judge, and contrary to the evidence.”

The Circuit Judge “ ordered that the verdict be set aside, and a new trial granted,” from which order the plaintiff has appealed.

By the 288th Section of Chapter III of the Code, p. 485, the Circuit Judge, before whom a cause has been tried, may entertain a motion “ to set aside a verdict, and grant a…

2Cases cited1 opinion

  1. McConnell v. McCleish ThomasTennessee Supreme Court · 1929

3Cited by1 opinion

  1. Hafer v. Firestone Tire & Rubber Co.District Court, E.D. Pennsylvania · 1981

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