Bell v. Fry

Judge Marshall

delivered the Opinion of the Court.

This Court is not disposed to scrutinize very strictly, the grounds on which a new trial has been granted, when it appears that, in consequence of a technical and unexpected objection to the authentication of an important title paper, the merits were not decided by the first *342verdict. In such a case, the negligence of the party whose title paper has been rejected, must be gross, and the error of the Court in granting a new trial on the ground of surprise flagrant, before this Court will set aside a verdict rendered upon a full hearing of the…