# Cogswell v. Brown

> Massachusetts Supreme Judicial Court · November 15, 1804 · 1 Mass. 180

URL: https://www.frixlaw.com/law-library/cases/6402768

## Case

- **Full name:** Ebenezer Cogswell versus Ebenezer Brown
- **Court:** Massachusetts Supreme Judicial Court
- **Decided:** November 15, 1804
- **Citations:** 1 Mass. 180
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6402768

## Opinion text

Per Cur.
It does not appear that the objection was made at the trial, nor that the verdict was taken subject to the opinion of the Court; and substantial justice being done, the Court will not turn the party round upon a formal objection. Besides, the defendant has a right to review; in which case the Court never grant a new trial, unless the party moving for it relinquish that right. (1)
New trial refused.
In Wilkinson vs. Payne, 4 T. Rep. 468, the Court of King’s Bench refused a new trial in a case where the jury had found a verdict in conformity to the substantial justice of the case, but upon a presumption contrary to the evidence.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6402768. Public record. Not legal advice.