Drake v. Drake
Court of Appeals of Kentucky
Case 7 — WILL CONTEST APPEAL FROM BULLITT CIRCUIT COURT. 1. The .court below should have granted a new trial on account of misconduct of the jury. 2. There was not sufficient-evidence to authorize the jury to return a verdict against the paper which had been probated in the county -court as the last Will and tes-tament of Wesley Drake.
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Case 7 — WILL CONTEST APPEAL FROM BULLITT CIRCUIT COURT. 1. The .court below should have granted a new trial on account of misconduct of the jury. 2. There was not sufficient-evidence to authorize the jury to return a verdict against the paper which had been probated in the county -court as the last Will and tes-tament of Wesley Drake. Citations: Jackson v. Smith, 21 Wis., 26; Thompson & Merriam on Juries, secs. 438, 439, and authorities; Com. v. Shields, 2 Bush, 81; Woods v. State, 43 Miss., 364. The court did not err in adjourning the jury from Friday evening, December 24, to Monday…
1Opinion of the Court
JUDGE HOBSON
delivered the opinion of ti-ie court.
By consent of parties in this case, the jury, while they were deliberating upon their verdict, were allowed to go home on Friday evening and not return until Monday, Saturday being Christmas. They returned on Monday, and, after several hours’ deliberation, rendered a majority verdict. xlppellants asked for a new trial on tbe ground of misconduct of the jury, and that the verdict is against *33the evidence. In support of the ground of misconduct on the part of the jury, they filed with the motion the affidavit of their attorney, stating that the…
2Cases cited1 opinion
- Pettibone v. PhelpsSupreme Court of Connecticut · 1840
3Cited by13 opinions
- Barnes v. CommonwealthCourt of Appeals of Kentucky · 1918
- Black v. CommonwealthCourt of Appeals of Kentucky · 1913
- Reed v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1938
- Watson and Kelly Caudill v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1926
- Turner v. ShropshireCourt of Appeals of Kentucky (pre-1976) · 1941
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