Leigh v. Hodges

<p>Error to Montgomery.</p> <p>A motion to withdraw a plea is always addressed to the discretion of the Court.</p> <p>It is not error for the Circuit Court to permit a defendant to withdraw his plea of the general issue, after issue has been taken .upon that and several special pleas.</p> <p>Witnesses, who are subpoenaed in a cause, are entitled to their fees, whether they are sworn or not.</p> <p>It is a well settled rule, that exceptions to the charge of the judge should be taken at the time the charge is given, and before the jury retire, though they need not then be written out. It is too late to take exceptions after the verdict is rendered.</p> <p>It does not always follow that a new trial will be granted, even if the jury find against the weight of evidence, against the instructions of the Court, or through misdirection of the Court on a point of law, provided the Court is satisfied that justice has been done.</p> <p>A compromise may be proved by a surety, who is a stranger to the acts done by his principal, in effecting the compromise of an obligation, by less testimony than would be necessary on the part of the principal, to prove the same fact.</p>