Beakley v. Optimist Printing Co.
Idaho Supreme Court
APPEAL from the District Court of the Sixth Judicial District for Bingham County. Hon. J. M. Stevens, Judge. Action to recover damages for libel. Judgment for defendants.
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APPEAL from the District Court of the Sixth Judicial District for Bingham County. Hon. J. M. Stevens, Judge. Action to recover damages for libel. Judgment for defendants. Sec. 4439, Rev. Codes, provides, among other things, that when any one or more of the jurors rendering a verdict has been induced to consent to sueh verdict by a resort to the determination of chance, such consent vitiates the verdict, and that sueh fact may be proven by the affidavit of any one of the jurors. (King v. Elton, 2 Cal. App. 145, 83 Pac. 261; Bonner v. Palmer, 23 Cal. 40; Levy v. Brannan, 39 Cal. 485.)
1DissentSullivan, C. J.
I am unable to concur in the conclusion reached by my associates.
It appears from the record that the jury had stood six for the plaintiff and six for the defendants, and then, according to the affidavits of two of the jurors who were for the plaintiff, the four other jurors who had stood with them for the plaintiff and the six jurors who were for the defendants agreed “that they would toss up a dollar for heads or tails and would decide the verdict in that method. Accordingly those in favor of the defendant tossed up a dollar, as well as one that favored the plaintiff, and the foreman was to…
2Cases cited6 opinions
- Lee v. CluteNevada Supreme Court · 1875
- McDonnell v. Pescadero & San Mateo Stage Co.California Supreme Court · 1898
- Wiles v. Northern Pacific Railway Co.Washington Supreme Court · 1911
- Empson Packing Co. v. VaughnSupreme Court of Colorado · 1899
- Greeley Irrigation Co. v. Von TrothaSupreme Court of Colorado · 1910
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