Lefavor v. Smith

Stanley, J.

Motions of this character, the decision of which requires the court to consider and weigh evidence, should be made and conclusively determined at the trial term. It is no part of the duty of the court, at the law term, to decide questions of fact. The decision at the trial term of such questions will not be reconsidered here unless specially reserved. Fuller v. Bailey, ante, p. 71.

Exception overruled.

Doe, C. J., did not sit.