Priest v. Cafferata

OPINION

By the Court,

Coleman, J.:

The appeal in this case is from an order denying plaintiff’s motion for a new trial. The grounds of the motion were: Irregularity in the proceedings of the jury by which plaintiff was prevented from having a fair trial; misconduct of the jury; accident or surprise which ordinary prudence could not have guarded against.

The plaintiff filed affidavits to support his motion. The defendant made a motion to strike the affidavits from the files, for the reasons that they are incompetent, irrelevant, immaterial, and surplusage. For the reasons assigned, the court…