
    Hume v. Beale.
    Monday, March 30th, 1812.
    Appellate Practice — Costs  — Presumption.— Where, "for reasons appearing to the Court,” (though not specified,) a verdict is set aside, without requir- ' ing payment of costs, the appellate Court will take it for granted those reasons were sufficient; no hill of exceptions being filed.
    Upon a writ of inquiry in an action of assumpsit, the plaintiff’s damages were assessed by a jury to 327 dollars and 50 cents, with legal interest thereon from the 1st of November, 1806, till paid, beside his costs; and judgment was entered thereupon. But, at the same term, ‘ ‘on motion of the defendant, by his attorney, and for reasons appearing to the Court, the verdict and judgment *was set aside; and the defendant pleaded non assumpsit, to which the plaintiff replied generally.” No exception was taken to the Court-’s opinion. A general verdict was afterwards found for the defendant, and judgment accordingly ; from which the plaintiff appealed.
    Wickham, for the appellant,
    made a point that the Court below erred in granting a •new trial without directing the payment of costs, no reason being specified.
    
      
       Appellate Practice — New Trial — Presumptions.— Where a new trial is granted in a case appearing clearly within the jurisdiction of the court it is not necessary for the court to state in the record the grounds for granting it, as it will be presumed it was correct, unless the contrary appears. Shrewsbury v. Miller, 10 W. Va. 122. citing the principal case. See further, monographic note on “Appeal and Error” appended to Hill v. Salem, etc., Turnpike Co., 1 Rob. 263.
    
    
      
      Costs. — See monographic noteon "Costs” appended to Jones v. Tatum, 19 Gratt. 720.
    
   But, on Wednesday, the 1st of April, the president pronounced the following opinion •of this Court.

“It appearing, in this case of record, that there were sufficient reasons to justify setting aside the verdict, without the payment of costs by the appellee, this Court is of opinion that there is no error in the judgment, and that it be affirmed.”  