Ely v. Commonwealth

Judge Ewing

delivered the Opinion of the Court.

This case was formally before this Court, and the judgment then obtained against the present plaintiffs was reversed, and the cause remanded for a new trial, upon so be ground that the jury had not found, in their verdict, the amount of assets which had been misapplied by the administrator. A report of the case will be found in 3 Dana, 137.

Upon the return of the cause to the Court below, an order was made granting a new trial, and a judgment given against the plaintiffs for costs. A writ of error is prosecuted to reverse that judgment.

Upon the…