Dana v. Tucker
New York Supreme Court
THIS was an action for a breach of promise of marriage, tried at the last Madison circuit, when the jury found a verdict for the plaintiff, for 439 dollars and 58 cents. Gold now moved to set aside the verdict, for the misbehaviour of the jury.
Read the full summary
THIS was an action for a breach of promise of marriage, tried at the last Madison circuit, when the jury found a verdict for the plaintiff, for 439 dollars and 58 cents. Gold now moved to set aside the verdict, for the misbehaviour of the jury. He read the affidavit of the constable, who was sworn to attend the jury, while they retired tp deliberate on their verdict, who stated, that the jurors agreed, that each of them should mark down such sum as he thought fit to find, and the sum total being divided by twelve, the quotient should be the verdict; and that the verdict was so ascertained.…
1Per curiam
The better opinion is, and such is the rule adopted by the court, that the affidavits of jurors are not to be received to impeach a verdict; but they may be admitted in exculpation of the jurors, and in support of their verdict. Rejecting the affidavits of the two jurors against the verdict, there is the affidavit of two other jurors in favour of the verdict, which must outweigh that of the constable. If the jurors previously agree to a particular mode of arriving at a verdict, and to abide by the contingent result, at all events, without reserving to themselves the liberty of dissenting,…
2Cited by49 opinions
- Woodward v. LeavittMassachusetts Supreme Judicial Court · 1871
- Wright v. Illinois & Mississippi Telegraph Co.Supreme Court of Iowa · 1866
- Monroe v. StateSupreme Court of Georgia · 1848
- Coker v. HayesSupreme Court of Florida · 1878
- Lessee of Cluggage v. SwainSupreme Court of Pennsylvania · 1811
44 more not listed; retrieve them via the Exa API.