5 Mass. 391 | Mass. | 1809
The opinion of the Court was afterwards delivered to the following effect, by
The opinion of the Court below was
formerly holden to be the law, and the case of * Weaver [ * 394 ] vs. Boroughs
Afterwards, in 1781, the case of Payne & al. vs. Bacomb
The judgment must be reversed; but as we know not whether the evidence offered by the plaintiff would support the general count, a new trial must be granted, and let it be had at the bar of this Court. r , ,
Judgment reversed.
That a Court of error may award a venire facias de nova, when necessary to do justice between the parties, vide Grant vs. Astle, Doug. 731., and Davis vs. Pierce & al. 2 D. & E. 125.
1 Strange, 648.
Doug. 651.