Wilcox v. School District No. 1 in Lempster
Superior Court of New Hampshire
Assumpsit for work, labor, &e. Upon a trial had upon the general issue, a verdict was returned for the plaintiff. After the verdict was returned, the defendants moved to set the same aside, and for a new trial, on the ground of alleged informality and illegality in the selection and drawing of one of the jurors who sat in the trial and returned the verdict.
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Assumpsit for work, labor, &e. Upon a trial had upon the general issue, a verdict was returned for the plaintiff. After the verdict was returned, the defendants moved to set the same aside, and for a new trial, on the ground of alleged informality and illegality in the selection and drawing of one of the jurors who sat in the trial and returned the verdict. Upon the affidavit of the town clerk of Croydon, and by the records made and kept by him, it appeared that at the time and place appointed for the drawing of jurors from that town, to serve at this term of the court, only one of the…
1Opinion of the CourtWoods, J.
In the case of Amherst v. Hadley, 1 Pick. Rep. 38, it appeared upon the face of the venire and the officer’s return, that a juror was drawn more than twenty days before the court, contrary to the stat. 1807 chap. 140 § 4, but the fact did not come to the knowledge of the party *305until after the verdict was rendered against him. The court held that this was no cause for setting aside the verdict upon motion, and that it would not sustain error.
A similar exception was taken in the case of State v. Haskell, 6 N. H. Rep. 352, in which the court say, “ This would have been a sufficient exception…
2Cases cited2 opinions
- State v. HascallSuperior Court of New Hampshire · 1833
- Rollins v. AmesSuperior Court of New Hampshire · 1821