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separately in each case, Defendants Counsel objected thereto and the Court overruled the objection and the Jury were recalled and so directed and thereupon retired, divided the damages and apportioned damages in one case at $1295 and in the other at $205. the defendant excepted to the said decision proceedings in both cases and this bill of exceptions is therefore signed & sealed & ordered to be made a part of the record in both cases
March 7 1845
S.J. Douglas Judge
And thereupon came John Miller one of said Defendants and made and filed the following affidavit towit
The Defendant Miller being only sworn saith that he is greatly prejudiced & injured by the verdict rendered against him in the cases aforesaid. he says that after the levy made in said cases no interference whatever was made with the said property in any way or shape & affiant believes the Hoc's were in nowise disturbed either in their brick or in their other personal property. That they disposed of their burnt brick without interruption from either the defendant or the Marshal after the levy that defendant believes the said Hoc's sold a portion of said Brick after the levy and before dissolving the attachment, believes he can prove the same by Lincoln Preble which he has ascertained since the trial that he used part of the Brick in the House and that he was not aware he could so prove a portion of the said facts at the trial
Sworn to &subscribed before me this 7[th] day of March 1845
R.J. Bitchett CLK