Halstead v. Horton

Summary

The Supreme Court of West Virginia affirmed a judgment for a saloon-keeper in a wife's statutory action (Code c. 32, s. 20) for injury to her means of support caused by her husband's intoxication from the defendant's liquor sales. It held the trial court did not abuse its discretion in refusing to postpone submission of the case to the jury to secure an absent witness, that the exclusion of a question to a witness was unreviewable for want of a formal bill of exceptions or a specific new-trial ground, that the conflicting evidence did not make the verdict plainly wrong, and that the newly discovered Rutherford affidavit — though material and not merely cumulative — was not such as ought to produce an opposite verdict, while the remaining affidavits went only to impeachment of the defendant.