Johnson v. Strader

M’Girk, C. J.,

dissenting.

With regard to the sixth instruction given by the Court on the first trial, my opinion is that it was right, as were all the others given for the plaintiff, and that the new trial ought not to have been granted, whether the law makes it the duty of this Court to reverse the judgment rendered on the second trial where no exceptions were taken at that trial, but the exceptions relate to the former trial: I am not well satis-, fied either way.