Troy v. Reilley

Reilley brought an action of assumpsit against Troy, for goods sold and delivered, and recovered judgment in the Court below. Troy moved for a new trial, on the ground of newly discovered evidence. This motion was grounded on an affidavit of Troy, but was overruled by the Circuit Court. To this decision exception was taken, and a bill of exceptions signed and filed, and the cause appealed to this Court. On the coming up of the transcript of the record, the affidavit of Troy was not inserted therein; the clerk certifying that the same was lost, and not to be found on file in his office. The…