Rogers v. . Goodwin

His Honor was of opinion, that tbe verdict was against tbe weight of tbe evidence; but be doubted bis power to set aside tbe verdict and order a new trial, and on that ground refused tbe motion.

On tbe argument before us, it was properly conceded that bis Honor bad tbe power, and tbe only question was upon tbe construction of tbe words used by bim in sending up tbe issues.

We are satisfied that be would bave ordered a new trial, but for bis doubt in regard to tbe power to do so on tbe “ trial of issues ” sent from tbis court.

Upon tbe trial of issues of fact sent down by tbis court, tbe Judge in…