Legal Opinion

Eich v. Taylor

Supreme Court of Minnesota

Decided April 15, 1874PublishedCited by 2 opinions

Appeal by defendant from an order of the district court for Stearns county, denying a motion for a new trial for alleged misconduct of the juiy. The case is stated in the opinion.

1Opinion of the Court

*379 By the Comí.

Young, J.

The appellant alleges, as instances of misconduct on the part of the jury, for which a new trial should be granted, first, that several of the jurors, during the trial, held improper conversations in regard to this case with persons not jurors ; and second, that after the jury had retired, one of their number, Nicholas Post, separated himself from his fellow jurors, and attempted to communicate with the plaintiff.

The affidavits read in support of the first charge do not, in our opinion, outweigh the affidavits of the twelve jurors, read in behalf of the respondent, and…

2Cases cited2 opinions

  1. Hilton v. SouthwickSupreme Judicial Court of Maine · 1840
  2. Foster v. BrooksSupreme Court of Georgia · 1849

3Cited by2 opinions

  1. Ermentrout v. American Fire InsuranceSupreme Court of Minnesota · 1895
  2. State v. ConwaySupreme Court of Minnesota · 1877

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