Opinion
March, 1797.
A second verdict was had for plaintiff; the term had not been enlarged and was expired. After verdict, rule to show cause why a new trial should not be had, and motion for leave to amend narratio by enlarging the term, which was incurred before the last trial. Wilson was going on to show the term might be enlarged, and was to have urged the amendment from Cowp. 842, 843, when the term was lengthened after it had expired, and after verdict and judgment, 4 Burr. 2447. Demise was made to commence at a later term to give a cause of action, 1 Com.Dig. 464, 5 Mod. 333, contra 1 Salk. 48, amended where the cause had been tried when there was no term, 2 Str. 807, Cro.Jac. 306. Narratio may be amended after verdict, though nothing to amend by. 1 Bac.Abr. 101, 102. Verdict will cure defect of everything that must have been presumed by the jury in finding the verdict, but never where, if the thing had been set forth, the verdict might have been otherwise. The verdict was at all events good for the damages, 5 Com.Dig. 518, 684, 2 Str. 1056. Lessee may go on for costs and damages, though lessor died.
Defendant's counsel prevented the trouble, and acknowledged that the narratio might be so amended, but insisted for a new trial.
But the Court refused the new trial, acknowledging they did not think with the jury, but it was a question of boundary, and there had been two verdicts. They did not think themselves at liberty to direct a third trial.
Habere facias possessionem was issued.