Smith v. Cheetham
New York Supreme Court
THIS was an action for a libel, in which a verdict for 200 dol-Jars had been rendered in favor of the plaintiff. Miller, on behalf of the defendant, moved to set it aside for irregularity in the jury, upon an affidavit of the constable who attended them, stating, that after they had retired to their room to agree on their verdict, and while discussing the matter, he heard one of them say, one cent damages was enough ; another, that six cents damages, and six cents costs were…
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THIS was an action for a libel, in which a verdict for 200 dol-Jars had been rendered in favor of the plaintiff. Miller, on behalf of the defendant, moved to set it aside for irregularity in the jury, upon an affidavit of the constable who attended them, stating, that after they had retired to their room to agree on their verdict, and while discussing the matter, he heard one of them say, one cent damages was enough ; another, that six cents damages, and six cents costs were sufficient; and that he afterwards saw, at least six of the jurors, take a pen and mark down what he believed and…
1Opinion of the CourtSpKNctR, J.
In this cause, the inclination of my mind was against setting aside the verdict, considering it indisputable that the affidavits of jurors, and of course their confessions could not be received. Were that the law, then the affidavit of Murphy would not establish the fact that the verdict was the result of chance. But, on examining the English authorities prior to th«; revolution, it appears to me, that the information of jurors as to what passed may be received. The only decision to the contrary is in 1 Keble, 811 ;* but it is a very unintelligible and illy reported case. The determinations…
2Cases cited2 opinions
- Cowperthwaite v. JonesSupreme Court of the United States · 1790
- Reed v. CarterIndiana Supreme Court · 1834
3Cited by19 opinions
- Wright v. Illinois & Mississippi Telegraph Co.Supreme Court of Iowa · 1866
- Bishop v. StateSupreme Court of Georgia · 1850
- People ex rel. NunnsAppellate Division of the Supreme Court of the State of New York · 1919
- Turner v. Tuolumne County Water Co.California Supreme Court · 1864
- Knight v. FisherSupreme Court of Colorado · 1890
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