Wright v. Illinois & Mississippi Telegraph Co.
Supreme Court of Iowa
Appeal from Pottawattamie District Court. The -plaintiff was the owner of ten horses and six mules which he was taking from central Iowa to Omaha, N. T., to market.
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Appeal from Pottawattamie District Court. The -plaintiff was the owner of ten horses and six mules which he was taking from central Iowa to Omaha, N. T., to market. On the night of the first day of August, 1863, at about eleven o’clock, he entered the city of Council Bluffs, and was proceeding down a street called Broadway, with a young man riding one of the horses and leading seven of the others by his side; the six mules were loose and following just behind the horses that were being led, and the plaintiff, a few steps in the rear, was driving one of his hol’ses before a buggy in which he…
1Opinion of the Court
Cole J.
i new ™d!«jurors. I. The first question presented by the transcript, and argued by counsel, is, whether affidavits of' jurors may be read in support of a motion for a new trial, based upon the alleged misconduct iQ the manner of arriving at their verdict.
The Code of 1851 contained this provision: “ 1810. In applications for new trials, the affidavits of jurors or officers of the court may be taken and used in relation to such application.’’ Whether this statutory provision was simply declarative of the common law rule, or was an innovation thereon, it was perhaps never fully and…
2Cases cited32 opinions
- Donaldson v. Mississippi & Missouri RailroadSupreme Court of Iowa · 1865
- Dana v. TuckerNew York Supreme Court · 1809
- Grinnell v. PhillipsMassachusetts Supreme Judicial Court · 1805
- Commonwealth v. DrewMassachusetts Supreme Judicial Court · 1808
- Jackson ex dem. Noah v. Dickenson & ThompsonNew York Supreme Court · 1818
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3Cited by140 opinions
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- Perry v. BaileySupreme Court of Kansas · 1874
- Aillon v. StateSupreme Court of Connecticut · 1975
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