Hinds v. Terry

OPINION OF THE COURT — bc the

How. POWHATTAN ELLIS.

This cause came up from JeSbrson county, on a motion for a new trial, on the following grounds.

1st. Defendant was taken by surprise',

2. Because of the discovery of now and material evidence since the trial.:j. Because the judge misdirected the jury as to (lie law;

”>. Because tho damages were excessive.

*81The court, in giving its opinion in this case, will examine the several points relied upon by counsel in the order in which they have been presented to us.

First, that Joseph E. Davis, Esq. refused to give testimony,by which means defendant was…