Miller v. Ratliff

This w'as an action of assumpsit upon open account, to which the defendant pleaded non-assumpsit and set-off. The bills of particulars on either side consisted of various items, which were sought to be established by proof. No objection was made to the introduction of evidence, and the cause was submitted without instructions to the jury, who found a balance of account in favor of the plaintiff below. The defendant moved for a new trial, because the verdict was contrary to evidence, and upon the ground of newly discovered testimony. The motion being overruled, he excepted to the decision of…