James Brown, Plaintiff in Error v. John Clarke

Mr. Brown. John Clarke, the defendant in error, brought his action of trover against James Brown, the plaintiff in error, for five slaves, in the District Court of the United States for the Northern District of Mississippi. At the December term, 1841, of said court, a verdict was rendered for $3,225, the value of the slaves, and judgment entered accordingly for the amount of the verdict and costs. No exception appears of record to have been taken or filed to the opinion of the court during the progress of the trial. After the verdict and judgment, Brown, by his counsel, moved the court to set aside the verdict, and grant a new trial. The court, on argument, overruled the motion. The entry of this proceeding of record is as follows:–– 'This day came the parties, by their attorneys, and then came on to be heard defendant's motion for a new trial; and, after argument, as well in support of as against said motion, it is considered by the court that the same be overruled; to which decision of the court overruling said motion, the defendant, by attorney, excepts, and tenders his bill of exceptions, which is signed and sealed by the court, and ordered to be made part of the record in this cause.' On this alleged error of the court, in refusing to grant a new trial, this writ of error has been sued out. That the refusal to grant a new trial is no ground for a writ of error is the well settled doctrine of this court. 3 Peters's Dig. 106; Barr v. Gratz, 4 Wheat. 213, 4 Cond. Rep. 430; United States v. Daniel, 6 Wheat. 542, 5 Cond. Rep. 170.