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COMMISSIONERS OF FAYETTEVILLE v. WILLIAM JAMES.

The number of times the verdict shall be set aside and a new trial granted is in the discretion of the trial court.

A new trial had been granted the plaintiffs in this cause, and the jury having found another verdict for the defendant, the court doubted the propriety of granting a second new trial, and referred the question to this Court.

BY THE COURT.

A new trial is granted, on payment of the costs.

(41)

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COMMISSIONERS v. JAMES
(Dec 1, 1804)