Phelps v. Sanford

1 Kirby 343

Opinion

Law, C. J.

Here was an issue tendered, and nothing left for the other side, but to join; and the case being put to the jury, it is presumed, that it was done by mutual consent and agreement, and the omission a mere misprision; and therefore, ought not to be taken advantage of, to defeat a trial.' And,

By the Couet. Let the record be amended.