Swan v. Butler

1 Kirby 276

Opinion

By the whole Court.

The exhibit, referred to in the motion, appears to have been mislaid by mere accident, at the time the cause was committed to the jury. The contents of it were then stated to the jury by the defendant, and agreed by the plaintiff; and neither party moved to stay the cause for want of it: — -The motion, therefore, is not sufficient to set aside the verdict.