Harrison v. Rowan
U.S. Circuit Court for the District of New Jersey
The jury having found in favour of the plaintiff [Case No. 6,141], the defendant now moved the court for a re-trial of the issue upon the following grounds: (1) That the jury, before they had agreed on a verdict, ate and drank at the expense of the plaintiff in whose favour they found, without the leave of the court.
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The jury having found in favour of the plaintiff [Case No. 6,141], the defendant now moved the court for a re-trial of the issue upon the following grounds: (1) That the jury, before they had agreed on a verdict, ate and drank at the expense of the plaintiff in whose favour they found, without the leave of the court. (2) That one of the jurymen did not, in reality, agree to the verdict, but assented in order to get discharged; and being told that the court would keep the jury together till they did agree. (To prove the facts upon' which both these grounds were taken, the defendant offered the…
1Opinion of the Court
WASHINGTON, Circuit Justice.
This is a motion made by the defendant to award a new trial of the issue directed by this court, sitting in equity; to be tried, and which was tried at the bar of the law side of the court. The issue was devisavit vel non; and the jury have found in favour of the validity of the will. The reasons assigned in support of the motion are: (1) The misconduct, and also the conduct-of the jury in making up their verdict. (2) The value of the property in dispute, and because the verdict binds the inheritance. Lastly, because the verdict is contrary to the evidence.
1. In…
2Cited by4 opinions
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