Barbour v. Melendy & Russell

Citations

• 88 Va. 595
• 14 S.E. 326
• 1892 Va. LEXIS 11

Syllabus

<p>1. Issue Out op Chancery— Conflicting evidence — New tried — Cane at bar.— Where at trial of an issue out of chancery directed to ascertain the value of a race-horse killed by carrier’s negligence, there is a conflict in the evidence, the verdict of the jury, assessing his value at 817,000, will not be disturbed.</p> <p>2. Practice at Law — Continuance.—Overruling motion for continuance of a long-delayed suit set for trial by consent, on ground of absence of witness summoned only two days before to testify to his opinion as to the value of the race-horse whose value was in the issue;</p> <p>IIei.i) :</p> <p>Xo error.</p>