Harrison vs. Rowan. or the last in the affirmative, your verdict ought to be for the defendant; if otherwise, you should find for the plaintiff. In weighing the evidence, should you think it doubtful, or balanced, you ought to incline in favour of sanity, and against fraud. Verdict for plaintiff. The defendant's counsel tendered a bill of exceptions to the opinion of the Court, in rejecting the record of the sentence of the Prerogative Court, against the probate of this will, as a testament of personal property; and, also, to that part of the charge, in respect to the alleged necessity of proving that the will was read to the testator. Washington, Justice. A bill of exceptions to the opinion of the Judge, who tries, at Nisi Prius, the issue directed from the Court of Chancery, is quite a novelty. The practice in England is, for the Judge to send to the Court of Chancery, with the verdict, the notes taken at the trial; and if the Chancellor is dissatisfied with the verdict, either because improper evidence was admitted, or legal evidence rejected; or because of the evidence given to the jury, or the opinions of the Judge at Nisi Prius, he will direct a new trial, and sometimes set the verdict aside. We see no reason, why the practice should be different, because the issue is tried by the same Court which directed the issue. The only question will be, ought a new trial to be granted? And the evidence, and all the proceedings at law, being before the same Judges, it cannot be necessary, nor would it be proper, to present them for reconsideration and re-examination, in any other form, than on a motion for a new trial. FINIS. INDEX OF THE PRINCIPAL MATTERS. ABANDONMENT. What will be considered a delay of an abandonment, so as to affect ACTION. Where a charter party had been entered into by one Smith and the ADMINISTRATOR.. 1. Defendant obtained letters testamentary from the Register's office 2. The defendant having received letters testamentary on a will duly VOL. III. 4 F ADMINISTRATOR. tor to do, notwithstanding the pendency of the question relative 3. The defendant was authorized, and it was his duty, (believing the paper to be the last will of W. B.) to support the first probate ; AGENT AND FACTOR. 1. This Court has always deemed it proper to hold agents to a strict 2. Where an agent abroad, is directed not to sell for less than the first 3. If a consignee accepts a consignment, he does it on the terms pre- Quere, What will amount to a ratification of the unauthorized acts of AGREEMENT. 1. If money is to be paid, or any other act to be done, on a certain 2. Sale, 1, 2. ALIEN ENEMY. 1. Contracts made with an alien enemy, are lawful, if made in a trade |