Short v. West

The appellee, plaintiff below, obtained a ver*368diet and, over a motion for a new trial, judgment was rendered in his favor. One of the grounds for anew trial was alleged misconduct on the part of the jury.

An affidavit was filed in support of the motion, by the appellant, stating that after the jury had retired to consider of their verdict, without the consent of the appellant or the permission of the court, about the hour of eleven o’clock at night they agreed to return as a finding, that they agreed to disagree, and they sealed up the same and disbanded, and did not meet again until the hour…