Payne

By the Court,

On the 5th day of December, AID, 1849, the following entry appears on the records of the court below; “ How at this day the parties being ready for trial, the court “ sitting as a jury hears the proofs, and finds for the plaintiff in i: the sum of $1083 95. together with the costs and charges in “ this behalf expended. It is, therefore, considered by the “ court that the said plaintiff recover of the said defendants “ the said sum of one thousand and eighty-three dollars, and “ to%; together with the costs and charges in this behalf ex- “ pended; and that the defendants be required to prove by “ their books the value of the soclis, on next Saturday, at 6 “ P.M., at which time the court will hear further testimony in “ the case.”

And again on the 6th appears the following entry :—“ How i£ at this day, upon a re-hearing of this case, the court sets aside “ the previous judgment, and finds for the plaintiff in the sum “ of $2789,” and enters judgment accordingly.

On the 8th day of the same month, the defendant moves the *40 court to set aside the verdict and judgment for the following reasons :—1st. Because the verdict is against the law. 2d. Because the verdict is…