Weston v. Montgomery

Counsel for the defendant in tbis cause moves the Count, upon affidavit, to grant him a new trial upon the following grounds, viz :

1st. On the ground of newly discovered evidence ;

2nd. That the verdict of the jury, as he verily believes, was arrived at by compromise, and not by fair induction from the testimony;

3d. That the verdict is excessive, through a mistake of some of the jurors, to the amount of fifty dollars.

The argument of defendant’s counsel, that this is a motion addressed to the discretion of the Court, is perfectly sound; but that discretion should not be exercised arbitrarily,…