Supreme Court of Missouri May 15, 1841 (Hill v. Deaver)

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Opinion of the Court by

Napton, Judge.

Hill sued Deavor in assumpsit for certain lumber furnished the latter, at his special instance and request. The defendant plead the general issue, and went to trial. Verdict was for plaintiff, defendant moved for a new trial, because the verdict was against evidence and against law, and because new testimony had been discovered.