Gist v. Higgins

OPINION of the Court, by

Ch. J. Edwards

The only assignment of error jhat seems to merit the const-*304deration of this court, “ is, that the circuit court erred id overruling the motion for a new trial,” t© prove which, the testimony is spread upan the record in an exception filed to the opinion of the court upon that subject. To this mode of proceeding, there are in general many well founded objections ; and although cases may exist under such circumstances as may claim the corrective interposition of this court, it is presumed they must be few in number, and they should be very strongly marked…