McDaniels v. McDaniels
Supreme Court of Vermont
Appeal from the probate of an instrument purporting to be the last will and testament of James McDaniels, deceased. The case was tried by jury, at the September Term of the Rutland County Court, A. D. 1866, upon the issue joined upon the plea, tRat the instrument is not the last will and testament of the deceased, and a verdict was rendered for the proponent.
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Appeal from the probate of an instrument purporting to be the last will and testament of James McDaniels, deceased. The case was tried by jury, at the September Term of the Rutland County Court, A. D. 1866, upon the issue joined upon the plea, tRat the instrument is not the last will and testament of the deceased, and a verdict was rendered for the proponent. After verdict, and before judgment, a motion was filed by the defendant to set aside the verdict for several causes, among which was the following: “For that some of the panel of jurors, after they were empannelled, and during the…
1Opinion of the Court
The opinion of the court was delivered by
Steele, J.
The motion for a new trial was properly granted. . It was not incumbent upon the moving party to show that the verdict was, in point of fact, influenced by the unlawful conversations. It is quite enough that, in a doubtful case, conversations with the jurors have been had during the progress of the trial for the purpose, of influencing and directly calculated to influence them to render just the verdict they did. There is no. practicable method to so analyze the mental operations of the jurors as to determine whether, in point of fact, the…
2Cases cited2 opinions
- Pettibone v. PhelpsSupreme Court of Connecticut · 1840
- Selleck v. Sugar Hollow Turnpike Co.Supreme Court of Connecticut · 1840
3Cited by23 opinions
- Woodhouse v. Woodhouse Et Ux.Supreme Court of Vermont · 1925
- Putro v. BakerMontana Supreme Court · 1966
- Cooper v. CarrMichigan Supreme Court · 1910
- State v. EaganMontana Supreme Court · 1978
- Hoskin-Morainville Paper Co. v. Bates Valve Bag Corp.Michigan Supreme Court · 1934
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