VARIANCE.

See LIBEL, 1.

VENDOR AND VENDEE.

1. No eviction is necessary to enable a vendee to recover back the purchase
money of real estate, where the sale was void under the Statute of Frauds.
Reynolds v. Harris, 338.

2. Where a party contracts orally for the purchase of a house and lot, and fur-
niture therein, and enters into the possession under such oral agreement,
and the vendor subsequently fails to make a conveyance, the vendee has the
right to quit the premises and return the personal property. Ib.

VENUE.

1. It is not error in the Court, on a trial for murder, to postpone the considera-
tion of a motion on the part of the defendant for a change of venue, until an
attempt is made to empannel a jury. People v. Plummer, 298.

2. Where a motion is thus postponed, and counsel for prisoner afterward
declines, on the intimation of the Court, to renew the motion, he cannot take
advantage, on appeal, of the failure of the Court to order a change of
venue. Ib.

3. The right to have a cause tried in a particular county is one which a party
may waive, either expressly or by implication. Parker v. Freer, Sheriff, 642.
4. An objection to the venue, if made on grounds appearing in the complaint,
must be made at or before the time of filing the demurrer, or it will be
deemed waived. Ib.

VERDICT.

1. The appellate Court will not disturb a verdict when the testimony is
conflicting, or when the credibility of witnesses must be passed upon.
People v. Ah Ti, 16.

2. The general rule as to the effect of a verdict upon defects in pleading, is,
that wherever facts are not expressly stated, which are so essential to a
recovery that, without proof of them on the trial, a verdict could not have
been rendered under the direction of the Court, then the want of the express
statement is cured by the verdict, provided the complaint contain terms
sufficiently general to comprehend the facts in fair and reasonable intendment.
Garner v. Marshall, 268.

3. An objection to the form of a verdict should be made on motion for a new
trial. It is too late to raise it in this Court for the first time. Douglass v.
Kraft, 562.

VERIFICATION.

See PLEADING, 12, 13, 17, 18, 20, 22, 23.

VESSEL.

See BAILMENT, 1, 2.

WITNESS.

See ASSIGNMENT, 1, 2.

1. A stock raiser is a competent witness to estimate the damage done to cattle
by falling through a wharf. Polk & Hensley v. Coffin & Swain, 56.

2. The liability of a witness to either party, in case of a certain result of the
suit, must be legal, and not moral, and the consequent interest present, cer-
tain, and vested, in order to exclude the witness. Jones et al. v. Love et
al., 68.

3. Where a party is called as a witness by the other side, and, on his cross-
examination, testifies to new matter, his opponent may be called on his own
behalf, in rebuttal of this new matter. Ib.

4. When the deposition of a witness is taken, objections to his competency
must be taken at the time, and not reserved till the trial, or they will be
deemed waived. Ib.

5. If a party be improperly joined as defendant, the Court or jury, upon appli-
cation, should first pass upon his case, and, after he is discharged, he could
then be examined as a witness for the other defendant. Domingo v. Get-
man, 97.

6. In an action by a company of miners to recover possession of a mining
claim, and damages for its detention, a person who was a member of the
company at the time of the alleged detention, and who, prior to the com-
mencement of the suit, in consideration of unpaid assessments, sold his
interest to his copartners in the claim, without warranty, is not a compe-
tent witness, as he is interested in the damages sought to be recovered.
Packer v. Heaton, 568.