Gordon v. Trevarthan
Montana Supreme Court
Appeal from Second Judicial District, Silver Dow County. Defendant’s motion for a new trial was granted by McIIatton, J. Statement of the case by the justice delivering the opinion. The plaintiff appeals from an order granting a new trial. The verdict and the judgment were in favor of the plaintiff for $167.63. The defendant moved for a new trial upon one ground only, to wit: “ Misconduct of the jury.” (Code Civ.
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Appeal from Second Judicial District, Silver Dow County. Defendant’s motion for a new trial was granted by McIIatton, J. Statement of the case by the justice delivering the opinion. The plaintiff appeals from an order granting a new trial. The verdict and the judgment were in favor of the plaintiff for $167.63. The defendant moved for a new trial upon one ground only, to wit: “ Misconduct of the jury.” (Code Civ. Proc., § 296, subd. 2.) This section and subdivision are as follows: “ The former verdict or other decision may be vacated, and a new trial granted on the application of the party…
1Opinion of the CourtDe Witt, J.
The question upon this appeal is upon what the cases and books have called “ quotient verdicts.” See cases cited below and in the briefs of counsel. Verdicts arrived at by methods such as described in the McNamara affidavit in this case have been held bad when properly before courts on motion for new trial. But the facts vitiating such verdicts are the agreement by the jurors to go into the process of marking amounts, adding them, and dividing the same by 12, and the agreement that the result so obtained shall be the verdict, without further consideration; and the fact that such proceedings…
2Cases cited7 opinions
- Dana v. TuckerNew York Supreme Court · 1809
- Dixon v. PlunsCalifornia Supreme Court · 1893
- Turner v. Tuolumne County Water Co.California Supreme Court · 1864
- City of Pekin v. WinkelIllinois Supreme Court · 1875
- Flood v. McClureIdaho Supreme Court · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Bracy v. Great Northern Railway Co.Montana Supreme Court · 1959
- Keith v. StateCourt of Criminal Appeals of Oklahoma · 1912
- Fitzgerald v. ClarkMontana Supreme Court · 1895
- Great Northern Ry. Co. v. BenjaminMontana Supreme Court · 1915
- Southern Nevada Gold & Silver Mining Co. v. Holmes Mining Co.Nevada Supreme Court · 1903
7 more not listed; retrieve them via the Exa API.