Cogswell v. Brown
Massachusetts Supreme Judicial Court
Cogswell v. Brown, 1 Mass. 180 (Mass. 1804)
Cogswell v. Brown
Opinion of the Court
It does not appear that the objection was made at the trial, nor that the verdict was taken subject to the opinion of the Court; and substantial justice being done, the Court will not turn the party round upon a formal objection. Besides, the defendant has a right to review; in which case the Court never grant a new trial, unless the party moving for it relinquish that right.
New trial refused.
In Wilkinson vs. Payne, 4 T. Rep. 468, the Court of King’s Bench refused a new trial in a case where the jury had found a verdict in conformity to the substantial justice of the case, but upon a presumption contrary to the evidence.
Reference
- Full Case Name
- Ebenezer Cogswell versus Ebenezer Brown
- Cited By
- 1 case
- Status
- Published