Opinion
Decided August, 1877.
The refusal of the court at the trial term to set aside a verdict as against the evidence, will not be reconsidered at the law term.
MOTION, to set aside the verdict as against the evidence. The court denied the motion, and the defendant excepted.
C. U. Bell, for the plaintiff.
Bartlett and Hatch, for the defendant.
Motions of this character, the decision of which requires the court to consider and weigh evidence, should be made and conclusively determined at the trial term. It is no part of the duty of the court, at the law term, to decide questions of fact. The decision at the trial term of such questions will not be reconsidered here unless specially reserved. Fuller v. Bailey, ante, p. 71.
Exception overruled.
DOE, C. J., did not sit.