Court of Appeals of Kentucky November 4, 1836 (Bank of Commonwealth v. Hiles)

Chief Justice Robertson

delivered the Opinion of the Court.

Although the evidence on the first trial, on the plea of non est factum, may have authorized the verdict, it was certainly but slight and questionable; and, therefore, as upon the second trial, a jury found a verdict for the defendant, and, by not excepting, the Bank has virtually admitted that, that verdict was right, we are not