Seymour v. Wood

California Supreme Court
Seymour v. Wood, 53 Cal. 303 (Cal. 1878)

Seymour v. Wood

Opinion of the Court

By the Court :

The verdict of the jury is attacked on the ground that the evidence affirmatively established that plaintiff had abandoned the premises in question. Upon looking into the record, we are of opinion that the verdict should have been set aside and a new trial granted on that ground. The abandonment was .clearly established at the trial.

Judgment and order reversed, and cause remanded for a new trial. Remittitur forthwith.

Reference

Full Case Name
C. H. SEYMOUR v. L. W. WOOD
Cited By
2 cases
Status
Published
Syllabus
Verdict against Evidence.—Where the plaintiff in ejectment for a mining claim, on cross-examination, admitted that he had not worked the claim for several years, but had during that time followed mining in Mexico: held, that the testimony established abandonment, and the verdict for plaintiff was against the evidence.