Collins v. Ward

Order as resettled, granting motion for a mistrial and setting aside the verdict, reversed on the law and the facts, with costs, motion denied, without costs, verdict reinstated and judgment directed to be entered thereon. The defendants in person knew of the facts relied on in advance of the rendition of the verdict. They may not remain silent and speculate upon whether or not the verdict about to be rendered was favorable or unfavorable before disclosing the facts upon which they sought a mistrial. Defendants’ counsel had an opportunity to move upon the facts relied upon in advance of the…