Ætna Insurance Co. v. Grube
Supreme Court of Minnesota
APPEAL FROM THE DISTRICT COURT OF RAMSEY COUNTY. Points and Authorities of Appellant. I. — The Court below erred in considering any of tbe affidavits which were annexed to tbe motion for a new trial. 3 Gra. & Wat. on New Trials, 1452/ 5 Blacltf, 453; 1 Bibb, 398/ 4 PLumph, 27; 1 Gra. & Wat. on New Trials, 125/ 7 Price, 203/ 1 Gra. dk Wat., 127. H. — Tbe “ conversations and declarations ” mentioned in the affidavits were not upon the subject matter of the trial, and could not…
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APPEAL FROM THE DISTRICT COURT OF RAMSEY COUNTY. Points and Authorities of Appellant. I. — The Court below erred in considering any of tbe affidavits which were annexed to tbe motion for a new trial. 3 Gra. & Wat. on New Trials, 1452/ 5 Blacltf, 453; 1 Bibb, 398/ 4 PLumph, 27; 1 Gra. & Wat. on New Trials, 125/ 7 Price, 203/ 1 Gra. dk Wat., 127. H. — Tbe “ conversations and declarations ” mentioned in the affidavits were not upon the subject matter of the trial, and could not prejudice the Plaintiff. 2 Gra, & Wat. on New Trials, 571; lb. 572; 9 Humph., 646/ 2 Va. Gases, 479, 510/ 1 8erg. &…
1Opinion of the Court
*85 By the Oowrt
FlaNdbau, J.
— After tbe jury bad retired and been in consultation for some time, they annoxxnced to the officer that they had agreed upon their verdict, which they sealed up, and were thereupon permitted to sepai’ate. This was a deception practised by the jury upon the officer, with a view of obtaining their l’elease for the night. They had not agreed upon a verdict. at all, but, on the contrary, two of the jurors protested against the verdict, or, as it was stated by them in Court, “ voted for the verdict under protest.” 'Whether this was a mere mental protest, unknown to their…
2Cases cited1 opinion
- Oliver v. Trustees of First Presbyterian ChurchNew York Supreme Court · 1826
3Cited by15 opinions
- Lappinen v. Union Ore Co.Supreme Court of Minnesota · 1947
- Plano Manufacturing Co. v. KaufertSupreme Court of Minnesota · 1902
- Gibson v. NelsonSupreme Court of Minnesota · 1910
- Rodgers v. United States & Dominion Life InsuranceSupreme Court of Minnesota · 1914
- Bray v. DohenySupreme Court of Minnesota · 1888
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