...whether a contract had been proven under the special count, etc., to the jury. 3. A further ground of the motion for a new trial, is that the Court erred in refusing instructions moved by the appellant. It seems that he asked eight instructions. The bill of exceptions...

...his behalf upon the trial, and that he was defended by an ample array of counsel. 3. The third ground of the motion for a new trial is, that the Court erred in admitting parol evidence of the dying declarations of Griffin, when his dying declarations were proved...

...and in the absence of his counsel, and there was no error in this. II. The second ground assigned in the motion for a new trial is, that the court erred in compelling the appellant to go to trial without his having been served in accordance with law with...

...touching the sanity or insanity of the witness,-to the jury for them to deal with. 5. Another ground of the motion for a new trial is, that the court erred in charging that " ordinary care and diligence is that care and diligence which a sensible, prudent man...

...out therein, which motion was overruled by the court, and he excepted. 1. One of the points made in the motion for a new trial is, that the court erred in overruling the demurrers to the declaration. We have repeatedly decided that the overruling of the...

...jury, of Ayers vs. Daly, course, to form and find their own opinion upon all the evi5. The last ground of the motion for a new trial is that the court erred in allowing the fact to be proven that when arrested in Wilkes county, a week after the difficulty, defendant...

...twenty-nine instructions, none of which were excepted to at the time they were given. One of the grounds of the motion for a new trial is that the court erred in each instruction given to the jury; but no ground of objection to the instructions given is stated....

...plaintiff cannot be said to be a citizen of a state of the Union. The next position taken in support of the motion for a new trial is that the court erred in holding ^hat the criminal laws of the state of Iowa were not applicable to these Indians in their relations...

...ground. . Let the judgment of the court below be reversed. Cox vs. WE EMS. 1. When the complaint in the motion for a new trial is that "the court erred in allowing counsel for defendant, over the objection of complainant's counsel, to read the deposition...

...October 26, 1871, and the former on December 7, 1872. The first point made by the plaintiff in support of the motion for a new trial is, that the court erred in admitting the copies of the proceedings upon the inquisition of lunacy, because the originals were...