Godfrey v. Hall

This cause went off on certain bills of exceptions, which are fully set out in the opinion of the court, delivered by

Martin, J.

The defendant and appellant has placed this case before us on four bills of exceptions.

The first is to the refusal of the judge to discharge the jury and to continue the cause, in order to enable the counsel to procure evidence which he was prevented from using on account of some informality in the execution of a commission which was discovered during the trial.

The evidence was wanted to support the plea of the pendency of an action between the same parties and for…