Opinion
03-30-1812
Hume v. Beale
Wickham, for the appellant,
Upon a writ of inquiry in an action of assumpsit, the plaintiff's damages were assessed by a jury to 327 dollars and 50 cents, with legal interest thereon from the 1st of November, 1806, till paid, beside his costs; and judgment was entered thereupon. But, at the same term, " on motion of the defendant, by his attorney, and for reasons appearing to the Court, the verdict and judgment was set aside; and the defendant pleaded non assumpsit, to which the plaintiff replied generally." No exception was taken to the Court's opinion. A general verdict was afterwards found for the defendant, and judgment accordingly; from which the plaintiff appealed.
Judgment affirmed.
Wickham, for the appellant, made a point that the Court below erred in granting a new trial without directing the payment of costs, no reason being specified.
OPINION
But, on Wednesday, the 1st of April, The president pronounced the following opinion of this Court.
" It appearing, in this case of record, that there were sufficient reasons to justify setting aside the verdict, without the payment of costs by the appellee, this Court is of opinion that there is no error in the judgment, and that it be affirmed."