Heath v. Conway

OPINION of the Court, by

Judge Bibb.

— Two ob* jections are made to the proceedings in this case ; the one diat the declaration has not avered the steers and cows killed and shot by the appellant below, to have f,een Df ⅛6 proper goods and chattels of the plaintiff %. the other that the court erred in overruling the motion for anew trial. It appears that this motion was founded, 1st, on a suggestion that the jury had been guilty of misconduct in the manner of finding their ver-diet ; 2dly, that the defendant had been surprised by (⅛ introduction of material testimony, which it was impossible…