Wilson v. Eastman

1 Smith & H. 287

Opinion

Smith, C. J.,

at the trial, thought the plaintiff negligent in not producing more testimony, as it appeared, from the circumstances then disclosed, he might easily have done it; but thought this testimony, if believed, sufficient to remove the bar of the statute ; but he did not state any thing to the jury. At this Term, he delivered the opinion of the Court [to the effect that the testimony at the trial was competent evidence of a new promise].

Verdict set aside on termsy plaintiff waiving review and to tax no costs for last and present Term.

A review would not bo of any avail, as defendant was of Yermont, and there was bail in this, action.