
    NEW LONDON COUNTY,
    MARCH TERM, A. D. 1790.
    Worthington v. Dewit.
    Every motion in arrest must be answered directly by tlie court; either, that it is true or not true, or that it is sufficient or insufficient.
    Error, action of indebitatus assumpsit, for money had and received by said Worthington.
    Plea — Nonassumpsit. Issue to jury. Verdict — That the defendant did assume, etc.
    
      Motion in arrest — That certain writings were handed to tlie jury, by the counsel for the plaintiff, unknown to the court or defendant’s counsel, and which had been adjudged by tlie court inadmissible; particularly, a stated account under the hand of the plaintiff’s counsel: which writing and account said jury had in the consideration of the cause, and looked upon them as evidence, and found their verdict accordingly; and said court gave judgment, that said motion was overruled, and for the plaintiff to recover.
    Error assigned — That said court ought to have arrested said verdict, and ordered a repleader.
   Judgment' — -Manifest error; for the facts stated in said motion are sufficient if true, but by the answer the court give, it doth not appear whether they are true or not; and for this uncertainty in the answer, given by the court to the motion, the j udgment is reversed.  