Rosser v. McColly

This was an action by Rosser against MeColly, the sheriff of Delawa/re county, to recover a quantity of store goods.

Proper issues being made, the case was submitted to a jury, who found for the defendant. Motions for a new trial, and in arrest were overruled, and judgment given on the verdict.

The record contains a bill of exceptions which shows, that the plaintiff, in giving his rebutting evidence, having examined sixteen witnesses, was ordered by the Court to close it. Further, he proposed to argue the cause to the jury, and was about to proceed, when the defendant sug*588gested that he would…