Town of Suffolk v. Parker

Citations

• 79 Va. 660
• 1884 Va. LEXIS 128

Syllabus

<p>1. Appellate Proceedings—New Trial.—The appellate court will not disturb a verdict where the evidence, not the facts, is certified, unless, after discarding all the parol evidence of the exceptor, and giving full faith to that of the exceptee, the verdict shall still appear plainly wrong. •2. Idem—Exceptions.—Where trial-court overrules motion to exclude jurors, and exception to the ruling is not made until after verdict, the. exception will not be considered, because it came too late.</p> <p>3. Idem—Juries—Objection after Verdict.—Under Code 1873, ch. 158, sec. 21, no irregularity in any writ of venire facias, or in the drawing, summoning, returning, or empaneling of jurors, shall be sufficient to set aside a verdict unless the objector was injured by the irregularity, or the objection was made before the swearing of the jury; and this cures the irregularity, where the county judge failed to make the annual jury list according to law, but gave the clerk twenty-eight names of persons, who were summoned as jurors, and from these the jury is regularly chosen without objection until after verdict, and the objector was not thereby injured.</p> <p>4. Municipal Corporations.—Market Houses■—Nuisance.—Though a town be entitled to erect market bouses, yet they must be so managed as not to injure the rights and impair the comfort of the owners of adjacent property. Pruner v. Pendleton, 75 Va. 516.</p>