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5 Ark. 474

Spratt v. Vaughn & Co.

Supreme Court of Arkansas

Decided January 15, 1850

Supreme Court of Arkansas · decided 1850-01-15

Writ of Error to Ouachita Circuit Court. This was an action of assumpsit, brought by Vaughn & Co. against Spratt & Kerr, on an account for merchandize, &c., determined in the Ouachita Circuit Court, in March, 1849, before Hon. John Quillin, Judge.

Decided 1850-01-15

Mr. Justice Scott

¶1delivered the opinion of the Court.

¶2The instructions given by the Court to the jury no where appear upon the record; and the only question presented relates to the sufficiency of the evidence to sustain the verdict and judgment. Several circumstances are shown in evidence to negative a joint liability which other portions of the testimony amply affirm. It is, therefore, a case where the jury weighed the evidence and returned their verdict accordingly. Such verdicts, where amply supported by the evidence, as in this case, and unimpeached for the admission of improper testimony, or the exclusion of that which was proper, or for misdirection of the jury, or for a finding contrary to the law properly given them in charge, this Court has uniformly refused to disturb. There was no error in the ruling of the Court below refusing a new trial. Let the judgment be affirmed with costs.

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