Witter v. Brewster

1 Kirby 422

Opinion

By the Court.

(ShermaN, J., absent.) As to tbe first exception — It does not appear, upon inquiry, that tbe exhibits which failed of being committed to the jury, were suppressed by the defendant, or that they were material in tbe cause, except for tbe purpose of assessing damages, if tbe defendant bad been found guilty.

As to tbe other exception — tbat tbe jury bave found contrary to law and evidence — It doth not vitiate a verdict, tbat the jury bave mistaken tbe law or tbe evidence; for by tbe practice of this state, they are judges of both: But if they should find contrary to matter of record, or of estoppel, or what is admitted by tbe pleadings, tbe verdict would be exceptionable; neither of which is averred to be the case here; nor is it supposable, from the nature of tbe action and tbe issue.