27 Conn. 114 | Conn. | 1858
The defendants raise the preliminary question, in respect to the motion for a new trial on the ground that the verdict is against the evidence in the case, whether the court will consider the motion at all, for the reason that the judge of the superior court has not certified that he is of opinion that a new trial ought to be granted, or that the verdict was, in his opinion, against the evidence in the case. It is true that by the statute, (Rev. Stat., tit. 1, § 155,) the superior court is only authorized to make a statement of the evidence, and report the same to the supreme court of errors for that court to act upon in granting or refusing a new trial, when it shall be of opinion that the verdict of the jury is against the evidence given in the cause. The superior court is also to allow or grant a rule to show cause why a new trial should not be granted on this ground at its discretion, if it is of this
With regard to the motion for a new trial on the ground that the judge mistook the law in charging the jury, or rather, that he misconstrued the instrument of the 17th of April,
The remaining question is, whether the verdict is contrary
Now, when we consider that the articles of co-partnership, together with the parol testimony on the part of the plaintiffs, make out a very clear and satisfactory case against Mr. Cowdrey as a partner with Chalker, we do not think this case, thus made out, is answered by the testimony of Mr. Cowdrey that he was not a partner. We look upon this
We therefore come to the conclusion that the ease should be submitted to another jury.
In this opinion the other judges concurred.
New trial granted.