 | Hiram Denio - Law reports, digests, etc - 1863 - 692 pages
...to leave that question to the jury, as I think it was, it is quite clear that we cannot disturb the verdict on the ground that it is against the weight of evidence. The case, as the jury must have found the facts, comes to this : Mr. Van Vechten did one act as executor,... | |
 | Austin Abbott - Civil procedure - 1868 - 598 pages
...Indeed, the Supreme Court, at general term, upon appeal from the judgment, has no power to set aside a verdict on the ground that it is against the weight of evidence. That can only be done upon an appeal from an order of special term granting or denying a new trial.... | |
 | New York (State). Court of Appeals, Joel Tiffany - Law reports, digests, etc - 1868 - 858 pages
...Indeed, the Supreme Court at General Term upon appeal from the judgment has no power to set aside a verdict on the ground that it is against the weight of evidence. That can only be done upon an appeal from an order of Special Term granting or denying a new trial.... | |
 | Thomas Foster Withrow, Edward Holcomb Stiles - Law reports, digests, etc - 1875 - 724 pages
...case of ordinary proceeding, where the evidence is conflicting, the supreme court will not disturb the verdict on the ground that it is against the weight of evidence. Cole v. Cole, 23 Iowa, 483, and numerous cases in title NEW TRIALS IN Civn. CASES, sub-title GROUNDS... | |
 | Law - 1885 - 216 pages
...qualification of this rule no objection has ever been taken to the form of a rule nisi seeking to set aside a verdict on the ground that it is " against the weight of evidence." Unless this be a good ground in itself, without qualification, then the form of the rule nisi is defective.... | |
 | Great Britain. Magistrates' cases - Justices of the peace - 1886 - 738 pages
...A report under sect. 56 requires confirmation, but one under sect. 58 can only be set aside, like a verdict, on the ground that it is against the weight of evidence.] The evidence did not justify the finding that there was a loss, and I ask for leave to move to set... | |
 | Law reports, digests, etc - 1890 - 1110 pages
...consideration of the jury. That the defendant does not dispute. We see no reason for interfering with the verdict on the ground that it is against the weight of evidence. The learned trial judge correctly stated to the jury what would constitute negligence on the part of... | |
 | New South Wales. Supreme Court - Law reports, digests, etc - 1891 - 766 pages
...that the rule of conduct is as nearly as possible the same as where the Court is asked to set aside a verdict on the ground that it is against the weight of evidence. If the Court, having fully considered the whole of the circumstances of the case, came to this conclusion... | |
 | Henry Roscoe, Maurice Powell - Evidence (Law) - 1891 - 924 pages
...275, 276, requires confirmation, but one under sect. 14, ante, p. 275, can only be set aside, like a verdict, on the ground that it is against the weight of evidence. Mansfield Union v. Wriyht, 9 QBD 686, per Jessel, ME Where on a reference tho referee has directed... | |
 | Joseph Robert Fisher, James Andrew Strahan - Press law - 1891 - 332 pages
...that the rule of conduct is as nearly as possible the same as when the Court is asked to set aside a verdict on the ground that it is against the weight of evidence. If the Court, having fully considered the whole of the circumstances of the case, come to this conclusion... | |
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I think that the rule of conduct is as nearly as possible the same as when the Court is asked to set aside a verdict on the ground that it is against the weight of evidence. 
