
    No. 5.
    HALL & CO. against DOWNS ET AL.
    
      Franklin,
    
    
      1816.
    
   WHERE the verdict is manifestly contrary to law, a new' trial will be granted.

Any plea,, to an' action on book, which, in its effects, necessarily puts in issue a fact, to which it is competent for the plaintiff to testify, before auditors, and by which plea the burden of proof is cast on the plaintiff, is bad*  