Nease v. Capepart

Citations

• 15 W. Va. 299
• 1879 W. Va. LEXIS 27

Syllabus

<p>1. Where an issue out of chancery is properly directed, and regularly tried, whether directed by the appellate or inferior court^ and a verdict rendered by the jury, unless there is some sufficient ground for setting aside the verdict, it must be held to be eon-clusive of the facts submitted, and a decree should be rendered in accordance therewith.</p> <p>2. Generally the depositions of witnesses, taken after the verdict to which there is no sufficient objection and before the decree, cannot be read upon the final hearing of the cause.</p> <p>3, After the verdict is rendered upon an issue properly directed, the court cannot look at the record for the facts submitted in the issue, nor to the facts or evidence certified upon the trial of the issue, but must accept tbe verdict of the jury for such facts, unless under the rules governing courts of equity in such cases it should set aside the verdict and grant a new trial. •</p> <p>J 4. The object in directing the issue is to satisfy the conscience of the chancellor, but that conscience must be satisfied with the verdict of the jury upon an issue properly directed, where no errors have been committed during the trial thereof either by the court or jury to the prejudice of either party.</p> <p>5.If on the ti'ial of an issue a court rejects evidence which ought to have been received, or receives evidence which ought to have been refused, though in that case a court of law would grant a new trial, yet if the Appellate Court is satisfied that, if the evidence improperly received had been rejected, or the evidence improperly rejected had been received, the verdict ought not to have been different; it will not grant a new trial merely upon such grounds.</p> <p>6.If an exception is taken to the opinion of the court, excluding evidence, the exception must show the relevancy of the evidence, or it is no ground for reversing the judgment.</p> <p>7. Where a question is propounded to a witness which is objected to, and the object