Jackson v. Smith
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. The defendant, after verdict against him for damages in a civil action, moved for a new trial on the ground of improper conduct of a juryman; and, the motion being denied, appealed from the j udgment.
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APPEAL from the Circuit Court for Dane County. The defendant, after verdict against him for damages in a civil action, moved for a new trial on the ground of improper conduct of a juryman; and, the motion being denied, appealed from the j udgment. The substance of the affidavit on which the motion was based, is stated in the opinion. cited Keenan v. The State, 3 Wis., 243; 8 id., 132 ; 5 Geo., 149 ; Bradley v. Bradley, 4 Dali, 112 ; 22 Me., 198; 25 id., 474; 1 Bay, 373; 2 Gra. & Wat. on N. T., 463; Lit. Cas., 263; 10 Pick, 275; 1 Root, 134; 9 Humph., 646 ; 3 Day, 220. cited Barlow v. State, 2…
1Opinion of the CourtDowner, J.
It is maintained by the appellant, that the circuit court erred in not arresting the judgment and granting a new trial for improper conduct of one of the jurors. The affidavit of Colby is the only evidence of such conduct. He states that “ while the trial was in progress, during the recess of the court, be beard one of the jurymen, talking about this case to another person, declare that be thought the girls who *27testified for the plaintiff testified very fairly, and that he thought the testimony on the part of the defendant looked dark, and other similar declarations made by said juror.” On…
2Cases cited3 opinions
- Pettibone v. PhelpsSupreme Court of Connecticut · 1840
- Barlow v. StateIndiana Supreme Court · 1827
- Smith v. ThompsonNew York Supreme Court · 1823
3Cited by6 opinions
- La Valley v. StateWisconsin Supreme Court · 1925
- Wetzler v. GlassnerWisconsin Supreme Court · 1925
- McGuire Ex Rel. McGuire v. AmyxSupreme Court of Missouri · 1927
- State v. HartmannWisconsin Supreme Court · 1879
- Logeman Bros. v. R. J. Preuss Co.Wisconsin Supreme Court · 1907
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