#### Vernon, Blake & Co., Plaintiffs in Error, v. W. L. May, Defendant in Error.

ERROR TO MADISON.

A writ of error will not lie upon a refusal to grant a new trial.

Opinion of the Court by

Justice Smith.*

This case comes before the court on a bill of exceptions to the opinion of the court, in refusing to grant a new trial. It will be altogether unnecessary to consider the grounds upon which a new trial was refused in the court below, because this court has decided, in the case of Clemson v. Kruper, ante, page 210, that a refu*295sal to grant a new trial is no ground of error, it being entirely a matter of sound discretion in the court below, to grant or refuse a new trial. The court, in several other cases, decided since the case of Clemson v. Kruper, have adhered to this principle, and no reason can be perceived why the present case should be exempted from the operation of the rule laid down. The judgment of the circuit court must, therefore, be affirmed with costs. (a), (1)

Starr, for plaintiffs in error.

Turney, for defendant in error.

Judgment affirmed.

*

Lockwood, J., having been counsel in this cause, gave no opinion.

(a)

See cases in relation to new trials in note to the case of Clemson v. Kruper, ante, p. 210.

(1)

See note to Sawyer v. Stephenson, ante, p. 24.