Andrews v. Devane , 3 N.C. 373 ( 1805 )

Lode, Judge.

It is agreeable to the practice to sot aside the verdict, where the merits have not been tried, and that owing to mistake, provided it appears that the applicant probably has She merits on his side. x

Let the verdict be set aside on payment ct costs, and, ill" party be admitted to ¿dead.