Damron v. Ferguson

Decided January 29, 1889

West Virginia Supreme Court · decided 1889-01-29

1. WRIT OF ERROR. An order overruling a motion to set aside a verdict of a jury and refusing to grant a new trial-is not such an order or judgment as will authorize a writ of error to this Court. 2. Writ of Error — Final Judgment. In order to authorize a writ of error there must be a final judg. ment on the verdict.

Good law ✅— No negative treatment on recordhow we know

Decided 1889-01-29

How this case has been cited

Cited by 4 later decisions — most recently February 1942

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

English, Judge :

¶1This was a writ of error allowed from an order of the Cir*34cuit Court of Wayne county entered oil the 6th day of June, 1885, overruling a motion then made by the plaintiff to set aside the verdict of the jury therein renden d and award him a new trial. An examination of the record discloses the fact, that no judgment was ever rendered by said Circuit Court upon said verdict, and, there being no final judgment in the cause and no order, from which a writ of error would lie to this Court, the writ of error awarded to the plaintiff must be dismissed as having been prematurely allowed, with costs against the plaintiff in error.

¶2Dismissed.