Seymour v. Wood (1878) · DecisionDepot

Seymour v. Wood

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Jul 1, 1878 No. No. 5354Published

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Holding. The court held that the jury verdict must be set aside and a new trial granted because the evidence clearly established that the plaintiff had abandoned the premises.

Issues

Whether the evidence established that the plaintiff had abandoned the premises in question.

Disposition. Reversed and remanded

Quotations verified verbatim against the opinion

“the verdict should have been set aside and a new trial granted on that ground. The abandonment was .clearly established at the trial.”

Synopsis

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.

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.

Seymour v. Wood

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