Johnson v. Vuthrick
This text of 7 Ind. 137 (Johnson v. Vuthrick) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This case falls precisely within that of Taber v. Hutson, 5 Ind. R. 322, and must be reversed.
It is said that as the evidence is not upon the record, we can not say but that the judgment is right upon it, notwithstanding the verdict was found under the influence of an erroneous instruction. But the rule is, that where the Court gives an erroneous instruction, applicable to the issues, it will be presumed to have had an influence, unless the contrary be shown; but where the Court refuses an instruction, the contrary not being shown, it will be presumed to have been refused because not applicable to evidence given in the cause.
The judgment is reversed with costs. Cause remanded, &c.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
7 Ind. 137, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-vuthrick-ind-1855.