Donaldson v. Neville

This is an action brought to recover damages for the conversion of a span of mules. The real point of the defense was, that the mules were not in fact the plaintiff’s property but the property of one Marshal. Counsel for the appellants admit that the evidence on this question of title was in conflict, and it folloivs that we cannot grant a new trial on the ground that the jury mistook the relative weight of the opposing proofs.

Surprise is also assigned as a ground upon which a new trial should be granted. Miner was an adversary witness, and the precise point upon which his testimony bore was…