York v. Wyman
Supreme Judicial Court of Maine
Action of assumpsit. Verdict for plaintiff. After verdict, knowledge came to defendant that- certain statements had been made by a relative of the plaintiff to, or in the presence of, a juror who was then sitting on said case, to the effect that the defendant and his witnesses were not telling the truth. After verdict, defendant filed a special motion for new trial, and hearing was held before the presiding Justice.
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Action of assumpsit. Verdict for plaintiff. After verdict, knowledge came to defendant that- certain statements had been made by a relative of the plaintiff to, or in the presence of, a juror who was then sitting on said case, to the effect that the defendant and his witnesses were not telling the truth. After verdict, defendant filed a special motion for new trial, and hearing was held before the presiding Justice. After a full hearing, case was reported to Law Court for determination. Case stated -in opinion.
1Opinion of the CourtPhilbrook, J.
This case comes to us upon a special motion by the defendant who asks that the verdict against him be set aside, and a new trial granted, because of the misconduct of a member of the jury which rendered that verdict.
•' From the testimony presented in support of the motion it appears that while the case was still pending, and before the arguments of counsel had been made or the presiding-Justice had delivered his charge to the jury, a member of the panel was at a livery stable in the town where the trial was in progress, for the purpose of stabling his horse. While there, a man, related to the…
2Cases cited3 opinions
- Cooper v. CarrMichigan Supreme Court · 1910
- Tomlinson v. Town of DerbySupreme Court of Connecticut · 1874
- Wightman v. Butler CountySupreme Court of Iowa · 1891
3Cited by15 opinions
- Panko v. Flintkote Co.Supreme Court of New Jersey · 1951
- State v. CypherIdaho Supreme Court · 1968
- State v. LaFeraSupreme Court of New Jersey · 1964
- Blakeney v. Alabama Power Co.Supreme Court of Alabama · 1931
- State v. DuguaySupreme Judicial Court of Maine · 1962
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