State v. Hartmann
Wisconsin Supreme Court
APPEAL from tlie Circuit Court for Sauk County. Tbe action was brought under section 101, ch. 19, R. S. 1858, to recover the penalty therein prescribed for the alleged willful obstruction by the defendant of a certain public highway in Saule county. A trial resulted in a verdict for the plaintiff. Defendant moved for a new trial on the ground (amongst others) of the misconduct of the jury.
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APPEAL from tlie Circuit Court for Sauk County. Tbe action was brought under section 101, ch. 19, R. S. 1858, to recover the penalty therein prescribed for the alleged willful obstruction by the defendant of a certain public highway in Saule county. A trial resulted in a verdict for the plaintiff. Defendant moved for a new trial on the ground (amongst others) of the misconduct of the jury. The alleged misconduct is thus stated in an affidavit made by the officer in charge of the jury, which was read on the hearing of the motion: “That while said jury were deliberating upon what verdict they…
1Opinion of the CourtLyoN, J.
The question as to what misconduct of a jury is ground for granting a new trial, has been considered by this court several times, and is settled by the adjudications. The rule is, that if the court can see that the misconduct had, or might have had, an effect unfavorable to the party moving for a new trial, the verdict should be set aside. This rule is applicable to civil actions. Jackson v. Smith, 21 Wis., 26. The decisions of this court cited in the brief of counsel for the appellant, lay down the rule in criminal cases, but much of the discussion in the opinions is applicable to civil…
2Cases cited1 opinion
- Jackson v. SmithWisconsin Supreme Court · 1866
3Cited by8 opinions
- After Hour Welding, Inc. v. Laneil Management Co.Wisconsin Supreme Court · 1982
- Cooper v. CarrMichigan Supreme Court · 1910
- La Valley v. StateWisconsin Supreme Court · 1925
- Lamphear v. MacLeanAppellate Division of the Supreme Court of the State of New York · 1916
- Shefelker v. First National Bank of MarionWisconsin Supreme Court · 1933
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