Robbins v. Windover
Supreme Court of Vermont
MOTION for new trial. The defendant in the preceding cause moved for a new trial; stating, First. That some of the Jurors of the Jury who tried the cause, after the cause was submitted to them, witnessed or related to others of the panel certain matters and things in relation to the issue not witnessed or related on the trial of the cause in Court. Secondly. That since the trial of the cause he had discovered new, and as he is advised, material evidence.
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MOTION for new trial. The defendant in the preceding cause moved for a new trial; stating, First. That some of the Jurors of the Jury who tried the cause, after the cause was submitted to them, witnessed or related to others of the panel certain matters and things in relation to the issue not witnessed or related on the trial of the cause in Court. Secondly. That since the trial of the cause he had discovered new, and as he is advised, material evidence. In support of the first point, offered to read the affidavit of one of the Jurors. To the reading of this affidavit an objection was taken.…
1Opinion of the Court
Tyler, Assistant Judge,
the Chief Judge being absent, delivered the opinion of the Court.
The defendant rests his motion on two grounds : The first is, that certain Jurors of the panel who tried the cause, witnessed or related certain matters and things in relation to the issue, to others of the panel after the cause was submitted to them, not witnessed on the trial of the cause in Court.
It may be observed here, that it is not alleged that these matters and things had any effect in determining the verdict; and tire Court will not in any case set aside a verdict by intendment, where it appears…
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- Messenger v. Fourth National BankNew York Court of Common Pleas · 1875
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