cogan versus ebden and another Thursday d June a verdict wrong deliver by the  foreman may be amend see Bl Rep on a motion make the that instant to set aside  a verdict as be give in by the foreman contrary to the opinion and intention  of eight of the jury it appear that the defendant justify under a right of a  way over the plaintiff ground to two close of the defendant videlicet  Broadmoor and ThreeAcres upon which two different issue be join videlicet one  upon the right of a way to Broadmoor the other upon the right of a way to the  ThreeAcres and the foreman give in the verdict as a general verdict for the  defendant upon both issue but eight of the jury make affidavit that it be the  meaning and intention of the whole jury to find the former issue for the  defendant and the latter for the plaintiff and that this mistake be discover  by they a hour afterward but not till the judge be go to his lodging and upon  the judge report it appear that though there Vas indeed evidence on both side  yet the weight of the evidence be as it appear to he on the side of the  plaintiff as to this latter issue N B the foreman have decline make any  affidavit because he say he shall make himself appear a fool to the court of  king bench this matter be much litigate by the counsel on both side and the  counsel for the plaintiff mention the case of baker v mile in c b in m g S p  where eleven of the juryman swear that the foreman have mistake their verdict  and it be thereupon set aside the court be all clear that this be a mistake  arise from the jury be unacquainted with business of this nature and from the  associate omission in not ask the jury particular how they find each  respective issue and in not make the jury full understand their own find and  that it be agreeable to right burrow and justice that the mistake shall be  rectify and they have no doubt about the fact of this mistake from the  affidavit of the eight juryman confirm as they hold it in effect to be by the  foreman p S decline to make any affidavit at all especial as the judge note  show the weight of the evidence to have be for the plaintiff as to this latter  issue and Lord Mansfield and Mr just denison think that as it be a mere slip  there may be some method of rectify the verdict accord to the truth of the  case from the judge note if they be sufficient particular without send the  issue to be try over again at a great expense and the case of Newcombe v green  in strange be mention where the postea be amend by the judge note and Lord  Mansfield say that at least they can set aside the verdict without cost but  difficulty occur how the v viner Abr title trial p pl king b XXVI burrow er p  cost will be in such case as one issue be still find for and be in truth clear  for the defendant therefore cur advis and now Lord Mansfield see Mr Morton in  court who be concern for the plaintiff and have on his behalf move to set  aside the verdict take occasion to mention this case and say they have think  of it and he have talk with his brother Wilmot too about it but however he be  not now go to give any opinion but only to purpose what seem to he the most  proper method of come at it the case of Newcombe v green itself be not  applicable to this case but there be another case of Mayo v archer in strange  where the question be whether a farmer who buy and sell potato can be a  bankrupt and the special verdict do not set forth the quantity he have buy and  sell though they be prove at the trial the court do not there award a venire  facias de to make new but amend the special verdict in that respect which case  be more applicable to the present case than that which be cite for here they  order the special verdict to be amend though the plaintiff motion be only that  a venire facias de to make new may be award but another case have be mention  to I which be applicable to the principle of this case though not like the  particular fact it be that of dayrell v bridge Tr g b r trespass for cut down  a oaktreethe defendant plead several plead one of which be not guilty at the  trial a general verdict be take down and so enter and the court rectify the  verdict by expung the find on all but the not guilty burrow it appear that  nothing be in question at the trial but whether the place where the tree stand  be parcel of the manor or not in the case of Newcomb v green several case be  cite on the same subject though the case itself be not the present case if the  court set the matter right they shall proceed accord to the whole truth of the  case the judge who try the cause agree to the fact disclose in the affidavit  of the eight juryman whereas your first affidavit on which the rule be make be  a affidavit of only four of they therefore what I will propose be that you  shall make your motion and have a rule to show cause why upon read the  affidavit of these eight juryman the verdict shall not be amend and set right  accord to the truth of the find NoteSuch a motion be afterward make and a I  rule to show cause grant but it never come before the court any more it plain  appear that the court upon deliberation among themselves have come to a  opinion that in this shape the verdict may be set right