Taylor v. Mckinley

         The affidavit of surprise is not a ground for a new trial, after verdict. It is no ground for a new trial that a party is not prepared. (5 Dana, 34; 8 Johns. 842; 15 Johns. 210; 4 Caines, 118.) Or that, upon a new trial, he could contradict a witness. (3 Greenleaf, 77.)

         JUDGES: Mr. Justice Heydenfeldt delivered the opinion of the Court. Mr. Ch. J. Murrayconcurred.

         OPINION

          HEYDENFELDT, Judge

         This Court has always refused to interfere with the verdict of a jury, where the evidence is dubious or conflicting. Nor, in such case, will we revise the discretion of the Court below, in granting or refusing a new trial.

         The assignments of error made in this case are too unsubstantial to require consideration or argument.

         Let the judgment be affirmed, with ten per cent. damages.