Nicholls v. Fearson

thought the whole subject ought to have been left to the jury without instruction from the court.

Mr. Key, for plaintiff, then prayed two instructions which THE COURT (MORSELL, Circuit Judge, not sitting) refused to give, because the evidence did not warrant the statement of facts upon which the prayers were founded.

Reversed by the supreme court February, 1833, 7 Pet. [32 U. S.] 103.