Hopkins v. Watson

This is a proceeding in error to reverse the judgment of the district court in overruling a motion for a new trial, filed nearly sixty days after the trial, because of misconduct of certain members of the jury and newly-discovered evidence. A motion for a new trial because of the misconduct of the jury should be filed at the term at which the cause is tried and within three days after the verdict or decision was rendered, unless unavoidably prevented. (Gen. Stat. 1901, §4756.) There is no showing that the plaintiff was unavoidably prevented from filing hi& motion within the time prescribed by…