Knowlton v. McMahon
Supreme Court of Minnesota
This action was tried in the District Court for Benton County before a jury, and the trial resulted'in a verdict for the plaintiff. The 'defendant made a motion for á new trial on the ground of misconduct of the officer having the jury in charge, and misconduct of the jury after they had retired to consider their verdict.
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This action was tried in the District Court for Benton County before a jury, and the trial resulted'in a verdict for the plaintiff. The 'defendant made a motion for á new trial on the ground of misconduct of the officer having the jury in charge, and misconduct of the jury after they had retired to consider their verdict. The misconduct charged was that the officer remained with the jury, conversed with certain jurors, and sought to and did influence them ih regard to their verdict. TJpon the hearing of the motion, the defendant, to sustain such charge, offered the affidavits of two of the…
1Opinion of the Court
Wilson, Ch. J.
By the Court
The rule seems to be settled by the modern authorities, that' on a motion for a new trial the affidavit of a juror will not be received to- impeach the verdict. St. Martin vs. Desnoyer, 1 Minn., 159 ; Chadbourn vs. Franklin, 5 Gray, 315 ; Doron vs. Shaw, 3 Monroe, 416 ; Johnson vs. Davenport, 3 J. J. Marshall, 390 ; Little vs. Larrabee, 2 Greenleaf R., 37, and Notes; Graham and Waterman on New Trials.
The appellant’s position that the case at bar is an exception to the- general rule, is not supported by the authorities.
The decision of the Courts in Tennessee are not…
2Cases cited3 opinions
- Thomas v. ChapmanNew York Supreme Court · 1865
- St. Martin v. DesnoyerSupreme Court of Minnesota · 1854
- Bennett v. ButterworthSupreme Court of the United States · 1852
3Cited by5 opinions
- Perry v. BaileySupreme Court of Kansas · 1874
- Keith v. StateCourt of Criminal Appeals of Oklahoma · 1912
- Garside v. the Ladd Watch Case Co.Supreme Court of Rhode Island · 1892
- Territory v. TaylorSupreme Court Of The Territory Of Dakota · 1877
- Perry v. BaileySupreme Court of Kansas · 1874