Ahrhart v. Stark

Titus, Ch. J.

This action was tried at the September trial term before me with a jury, and a verdict was rendered in favor of the defendant. The jury was impaneled just before the adjournment of court at night, but no testimony was taken until the following morning. The plaintiff moved to set aside the verdict on the ground of the misconduct and bias of two of the jurors. It appears from the moving affidavits that after the court adjourned the defendant’s counsel, in company with the plaintiff’s counsel, were passing out of the east vestibule of the city building, when one of the jurors in the…