Independent of any other view of the question, I think the judge who tried the cause, and heard the witnesses testify, was better qualified to determine whether the jury were misled, than any other tribunal; and as he exercised his discretion judiciously and properly, this court should not interfere.
Boardman, J., also concurred.
Order affirmed, with $10 costs.
Miller, Bockes and Boardman, Justices.]