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9 S.C.L. 337

Starke v. Cockerd

Supreme Court of South Carolina

Decided May 15, 1818

Supreme Court of South Carolina · decided 1818-05-15

This was an action for money had and received, to recover from the defendant 150 dollars, • # which it was alleged he had improperly obtained from a stake holder, with whom it had been de- ' posited, to be paid over according to the event of a horse race made between the parlies. There were several witnesses sworn on both sides, and several points of law made in the progress of the cause.

Decided 1818-05-15

¶1The opinion of the Court was delivered by

Mr. Justice Nott.

¶2*338There does not appear to be any reasonable ground for a new trial in this case. It presented ° a single question of fact, which was proper for consideration of the Jury, and the Court will not set aside a verdict unless there appears a great preponderance of evidence against it. In this instance that does not appear to be the case. The motion must therefore be refused.

Grimk'e, Bay, Colcock, Gantt, Johnson, and Cheves, J. concurred.
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