Keyser v. M'Kissan

The opinion of the court was delivered by

Rogers, J.

— This is an appeal from the'decision of Justice Huston, at a Circuit Court held for the county of Franklin. The defendants move the court for a new trial, on the ground of a misdirection: 1. In instructing the jury, that the issue, whether Benjamin Keyser and Jacob Wonderlich, had taken the oath of office, was •an immaterial issue. 2. That the verdict was against law and evidence; and, 3. Because the court instructed the jury, that the plaintiffs, as commissioners, could maintain this action, without having taken the oath of office, required…