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7 Ind. 320

Marsh v. Wellington

Indiana Supreme Court

Decided December 21, 1855

Indiana Supreme Court · decided 1855-12-21

<p>APPEAL from the La Grange Circuit Court.</p>

Decided 1855-12-21

Per Curiam.

¶1Complaint by Wellington against Marsh, commenced before a justice, for work and labor, at 14 dollars per month, 42 dollars.

¶2Marsh filed a set-off of 50 dollars, of which 25 dollars were unliquidated damages for violating a contract to work six months.

¶3Judgment before the justice for 19 dollars and 76 cents. On appeal to the Circuit Court, there was a trial by jury, and verdict for 31 dollars and 3 cents.

¶4This is another case on the weight of evidence. While we might not come to the same conclusion from the evidence at which the jury arrived, it is yet such a verdict as under our rules, in such cases, we are bound to sustain.

¶5The judgment is affirmed, with 1 per cent, damages and costs.

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