Currey v. Butte Electric Ry. Co.
Montana Supreme Court
Appeal from District Court, Silver Boiv County; Edwin M. Lamb, Judge. Action by Annie Currey against the Butte Electric Bailway Company. Verdict for defendant, and from an order setting aside the verdict and striking from the files the judgment, defendant appeals. An affidavit by a juror seeking to impeach a verdict cannot be considered.
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Appeal from District Court, Silver Boiv County; Edwin M. Lamb, Judge. Action by Annie Currey against the Butte Electric Bailway Company. Verdict for defendant, and from an order setting aside the verdict and striking from the files the judgment, defendant appeals. An affidavit by a juror seeking to impeach a verdict cannot be considered. (State v. Beesskove, 34 Mont. 41, 85 Pac. 376; State v. Lewis, 52 Mont. 504, 159 Pac. 415; Spencer v. Spencer, 31 Mont. 639, 79 Pac. 320; Sutton v. Lowry, 39 Mont. 471, 104 Pac. 545; People v. Baker, 1 Cal. 404; 29 Am. & Eng. Eney. of Law, 1008, 1009.) The…
1Opinion of the Court
MR. COMMISSIONER SPENCER
prepared the opinion for the court.
This is an action for damages for personal injuries. The record shows that on November 12, 1918, the jury returned *150into court with their verdict in favor of the defendant, which was filed and read by the clerk; that, after being so filed and read, the court inquired of the jury, “Is this your verdict?” and received an affirmative response; that upon motion of plaintiff, and in the presence of plaintiff and his counsel, the jury was polled, eight answering in the affirmative and four in the negative. The jury was thereupon excused. On…
Also in this document: Per curiam.
2Cases cited11 opinions
- In Re WightSupreme Court of the United States · 1890
- Crim v. KessingCalifornia Supreme Court · 1891
- Kaufman v. ShainCalifornia Supreme Court · 1896
- Karrick v. WetmoreMassachusetts Supreme Judicial Court · 1912
- State v. BeesskoveMontana Supreme Court · 1906
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- State Ex Rel. Kruletz v. District CourtMontana Supreme Court · 1940
- First State Bank v. LarsenMontana Supreme Court · 1925
- State v. PooleMontana Supreme Court · 1923
- State v. SteinMontana Supreme Court · 1921
- State Ex Rel. Hall v. NiewoehnerMontana Supreme Court · 1944