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Latest revision as of 11:05, 25 May 2019
Hagar vs. Idle } motion for a new trial. The court has seen & known too much of this case not to discover that the rights of Hagar, the ptl, are not the principal objects with the great actors in this controversy. Yet those rights as they are claimed by her, must be respected. She has had a new trial granted her, in consequence of the nature & importance of her claim, which on no other ground would have been granted. The Deft. now applies for a new trial, on the certificate of the Judge and on the ground of the necessary absence of his principal counsel, and for other reasons stated in his petition - The certificate of the Judge might not, of itself, in the language in which it is given, be considered suff. to induce this court to grant a new trial. But that certificate, with the other circumstances set forth in the petition, & the copies of the record accompanying it, are [suff't?] to induce an opinion that Justice requires it of this court to grant the Deft. a new trial, on paym't of the costs of the last trial at law. It is therefore granted on those terms April 12.th 1813