Cowles v. Merchants
Massachusetts Supreme Judicial Court
Writ of entry, dated November 11, 1884, to recover a parcel of land in Amherst. Plea, nul disseisin. Trial in the Superior Court, before Barker, J., who allowed a bill of exceptions, in substance as follows: The demandants are the heirs at law of Erastus Cowles, who died on October 28,1884, intestate, being then seventy-one years and nine months old.
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Writ of entry, dated November 11, 1884, to recover a parcel of land in Amherst. Plea, nul disseisin. Trial in the Superior Court, before Barker, J., who allowed a bill of exceptions, in substance as follows: The demandants are the heirs at law of Erastus Cowles, who died on October 28,1884, intestate, being then seventy-one years and nine months old. His wife died in 1861. The tenant claims under a deed from Erastus Cowles, dated August 28, 1884, and purporting to be “in consideration of one dollar, and other good and valuable consideration, rendered and paid ” by the grantee. Erastus Cowles…
1Opinion of the CourtW. Allen, J.
The only question relating to the motion for a new trial is, whether the judge properly ruled that he was not required, as matter of law, to set aside the verdict on account of the remarks made to, or in the presence of, the juror Searle.
The remarks were made by a person not in any way connected with the case, who did not know that he was speaking in the presence of a juror, and who was well known as a person whose faculties were much impaired by his advanced age. There was no improper intermeddling with the juror, and no misconduct on the part of the juror; it was hardly more than a casual…
2Cases cited4 opinions
- May v. BradleeMassachusetts Supreme Judicial Court · 1879
- Hastings v. RiderMassachusetts Supreme Judicial Court · 1868
- Johnson v. WittMassachusetts Supreme Judicial Court · 1884
- Commonwealth v. BraymanMassachusetts Supreme Judicial Court · 1884
3Cited by7 opinions
- Clark v. ClarkMassachusetts Supreme Judicial Court · 1897
- Commonwealth v. DesmondMassachusetts Supreme Judicial Court · 1886
- Skeen v. SkeenUtah Supreme Court · 1930
- Hogan v. Heirs of RocheMassachusetts Supreme Judicial Court · 1901
- Smith v. SmithMassachusetts Supreme Judicial Court · 1892
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