
    HEATH against SERGEANT and SERGEANT.
    OH CERTIORARI.
    Justice may not without recording his reason, set aside a verdict and grant new trial. Quere ? if he may in any case.
    
    It appeared by the record of the justice, that after a trial and verdict in this cause, the justice set aside the verdict, and ordered a new trial; no cause was assigned on the justice’s record for this proceeding, and this was assigned for error.
    
      
       Justice may not grant a new trial after verdict, post, 1034 Nor open his own regular judgment, 6 Halst. 40; S. P. post, 630; South. 288; 5 Holst. 55.
      
    
   By the Court.

This proceeding cannot be supported. We give no opinion whether a justice may set aside a verdict for malpractice in the jurors or party; for even if we should be of that opinion, yet the cause must be set out by the justice, that this court may judge thereof.

Judgment reversed.  