Bradt v. Rommel
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Olm.sted county, to recover $6éé as the value of services alleged to have been rendered to the defendants. The jury found a verdict for plaintiff for $280.16. The defendants then moved for a new trials for alleged misconduct of the jury. In support of their motion, they read the affidavits of Rommel, of the sheriff, and of one of the jurors.
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Plaintiff brought this action in the district court for Olm.sted county, to recover $6éé as the value of services alleged to have been rendered to the defendants. The jury found a verdict for plaintiff for $280.16. The defendants then moved for a new trials for alleged misconduct of the jury. In support of their motion, they read the affidavits of Rommel, of the sheriff, and of one of the jurors. The sheriff, who had charge of the jury while deliberating on their verdict, states, in his affidavit “that he overheard a part of their conversation at about the close of their deliberations, and…
1Opinion of the Court
By the Court.
That the affidavit of a juror cannot be used, on a motion to set a verdict aside, to show misconduct on the-part of the jury, is a rule of so long standing, so uniformly acted on by all the courts in England and in this country, including this court, that it cannot be departed from, whatever reasons may have originally led to its adoption. The rule, however, does not apply to any one but jurors. The affidavit of the sheriff was, therefore, competent, but it does, not show the misconduct alleged
Judgment affirmed.
2Cited by5 opinions
- National Labor Relations Board v. Botany Worsted Mills, Inc.Court of Appeals for the Third Circuit · 1939
- State v. LentzSupreme Court of Minnesota · 1891
- Hurlburt v. LeachmanSupreme Court of Minnesota · 1914
- Svenson v. Chicago Great Western Railway Co.Supreme Court of Minnesota · 1897
- Wester v. HedbergSupreme Court of Minnesota · 1897