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court in which the trial was, to set it aside, & still less to justify the appellate court in reversing the judgment. The jury might will infer from the evidence that the defendant tortiously acquired possession of the property, & enjoyed the use of it from the time it was lost by the pltff; & if so then can be no ground for setting aside their verdict. If the defendant's evidence could be let in, the case might be different. I have no doubt the counsel for the deft did the best he could in getting a certificate of evidence instead of facts. Where evidence is conflicting, as it was in this case, the court will rarely undertake to weigh it & certify the facts. The effect of this is that the party agt. whom the verdict is rendered has no means of having the error of the judge corrected. This is unfortunate; but is unavoidable.

Very resp'y yours
R.C.L. Moncure

Transcription Notes:
tortiously - in a way that involves a tort (= an action that is wrong, but can be dealt with in a civil court rather than a criminal court)