delivered the opinion of the court. This was an action of trespass and false imprisonment, in the circuit court of Union county, and brought here by appeal. The defendants, by their counsel in the court below, pleaded not guilty. Tlie counsel for the defendants moved the coxxrt to instruct the jury on certain points of law, which was substan*395tially given by the court as asked, so far as they had any relation to the points before the court. The jury returned a verdict for the plaintiff below for forty dollars in damages. The counsel for the defendants then moved the court for a new trial, which was overruled, to reverse which opinion this appeal was brought.
It is a principle well settled, that the refusing to grant a new trial is no cause of appeal, and it has been so decided, frequently, in this court. Clemson v. Kruper, ante, 210, and the cases there referred to. This court is, therefore, of the opinion that the judgment of the court below be affirmed. (1)
Judgment affirmed.