Withers v. Butts

Withers sued Butts for a breach of -warranty of soundness of a female slave, sold and delivered by the latter to the former, on the 17th of February, 1836.

The jury having found for the defendant in the action, the Circuit Court overruled a motion for a new trial, and rendered judgment in bar.

The only question to be revised is, whether the plaintiff is entitled to a new trial.

The grounds relied on for a new trial are — first, an affidavit showing the discovery of important testimony, after the verdict, and averring, also, the- like discovery of the fact, that the jury was prejudiced against…