Public-domain · open source
OpenJurist

5 Ind. 186

Ardery v. Polleys

Indiana Supreme Court

Decided June 2, 1854

Indiana Supreme Court · decided 1854-06-02

<p>The Supreme Court wiU not set aside the verdict of a jury, as being contrary to the evidence, when the evidence is conflicting.</p>

Decided 1854-06-02

Stuart, J.

¶1Debt on a note for 400 dollars, by Polleys and Butler against Ardery and another. There were several pleas setting up a failure of consideration. Ardery also filed a bill of discovery, which was answered, and on the trial the bill and answer were used in evidence. The jury found for the plaintiffs, and judgment was rendered accordingly-

¶2The evidence is all set out in the record. It presents the often occurring instance, of the losing party being dissatisfied with the conclusions of the jury on conflicting evidence. The settled rule is not to disturb such verdicts.

Davison, J., having been concerned as counsel, was absent.

¶3Per Curiam.—The judgment is affirmed, with 5 per cent, damages and costs.

/5/ind/186 · .json · Public domain