Bolan v. Peeples

3 S.C.L. 109

Opinion

Per curiam.

Although in this case, one exception taken to the charge of the judge to tbq jury, on the trial, is well grounded, and the judge was mistaken in $he direction he gave upon that point; yet as justice, upon the. whole, appears to have been done in the case ; and as it further more appears, that the action is not maintainable on the ground stated >n fhe declaration, and that it could not answer any useful end to grant a new trial; let the motion be discharged, and the defendant at liberty to enter up his judgment, 2 Burr. 665. 1 Wils. 22. 2 Bl. Rep. 1222. Edmondson v. Machell, 2 T. R. 4.