1778-10-26 (static/transcriptions/1778/10/009.jpg)

1778. 4 Term. [Monday] October 26.

had been materially alter’d: that, as it was when he sign’d it, he could at the utmost be charged with only 48 Rupees, whereas by the alterations he became chargeable with the Sum adjudged against him 8000 Rupees.
Sir Robert Chambers and I agreed, that if the fact were so, we should be glad to grant a New Trial, on which it might be proved, but we doubted whether it could be done.
Mr. Newman, Cited (from Comyns’s Digest) 2d Modern Cases 22, a Case of a New Trial granted where the Party against whom it was determined on the first Trial had neglected to produce Evidence he might have produced.