Turner's Administrator v. Booker

Judge Nicholas

delivered the Opinion of the Court.

The defendant in error took judgment by default, against Turner, in an.action of trespass for assault and battery ; and upon the writ of enquiry, her damage was assessed to two thousand dollars, for which judgment was rendered in her’favor. The next day, Turner, by his counsel, moveef |or a new triai, on the grounds set forth in the affidavit of an agent of Turner, and because the damages were, excessive. The counsel for Mrs. Booker moved to have .the motion continued till the next term, to afford an opportunity to take counter affidavits, and…