Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges

MAUD A. COOK v. OSCAR B. SARGENT.

An exception to findings of the trial court, on the ground that they are not in accordance with the weight of the evidence, raises no question of law.

The objection that facts found by the trial court are not warranted by the evidence should be made at the trial, is not transferred by a general exception to the verdict, and is waived by a submission of the issue without raising the question by an appropriate motion.

PLUMMER, J.

The exceptions raise no questions of law. They are based upon the claim that the trial court did not find in accordance with the weight of the evidence. The weight of the evidence is fully and finally determined by the trial court, and the findings of the court relating thereto will not be disturbed by this court. Pitman v. Mauran, 69 N.H. 230; Wilbur v. Berry, 71 N.H. 619. Furthermore, if the plaintiff desired to raise the question that the facts found by the court were not warranted by the evidence, she should have made the objection at the trial. "This objection is not transferred by the general exception to the verdict, and was waived by the submission of the issue without raising the question by the appropriate motion." Tilton v. Tilton, 74 N.H. 602; Farnham v. Anderson, 74 N.H. 405; Elwell v. Roper, 72 N.H. 585; Head Dowst Co. v. Breeders' Club, 75 N.H. 449.

Exceptions overruled.

All concurred.

Use AI to get other relevant cases.

Comments

COOK v. SARGENT
(Oct 5, 1915)