#### Augustus Collins, Appellant, v. Abraham Claypole, Appellee.

APPEAL FROM MADISON.

A refusal to grant a new trial can not be assigned for error.

Opinion of the Court by

Chief Justice Wilson.*

The first question, and the only one necessary to be decided in this case, is, whether the refusal to grant the new trial asked for is ground of error. That point has been settled in the case of Clemson v. Kruper.

The court was unanimously of opinion in that case that it *213was not a ground of error. This case depends upon the same principle, and must be decided in the same way.

Judgment to be affirmed as of the last term. (a)

Judgment affirmed.

*

Justices Lockwood and Smith gave no opinion,

(a)

Sawyer v. Stephenson, page 24. Cornelius v. Boucher, page 32. Clemson v. Kruper, ante, p. 210.