Goodwin v. Blanchard
Supreme Court of New Hampshire
Assumpsit, for breach of a written agreement. Trial by jury and verdict for the plaintiffs for one cent damages. In support of their motion to set aside the verdict and for a new trial, on the ground of alleged misconduct of jurors in making up the verdict, the plaintiffs submitted the affidavit of the sheriff who had charge of the jury during their deliberations. The defendants submitted counter-affidavits of some of the jurors.
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Assumpsit, for breach of a written agreement. Trial by jury and verdict for the plaintiffs for one cent damages. In support of their motion to set aside the verdict and for a new trial, on the ground of alleged misconduct of jurors in making up the verdict, the plaintiffs submitted the affidavit of the sheriff who had charge of the jury during their deliberations. The defendants submitted counter-affidavits of some of the jurors. The plaintiffs then moved for leave to bring the jurors into court and examine them “in explanation or contradiction” of their affidavits. The motion was denied…
1Opinion of the CourtBingham, J.
The plaintiffs did not have the legal right to bring the jurors who had given affidavits in opposition to their motion before the trial judge and have them orally examined, even if their testimony would have been competent. Tlie conduct of hearings on motions is largely within the judicial discretion of the trial judge. He may require a motion involving an issue of fact to be heard upon affidavits only, and his ruling will not be set aside, unless it is clear that in the particular ease he abused his discretion. Strom v. Railway, 81 Minn. 346, 348, 349; State v. King, 88 Minn. 175, 184; Gano…
2Cases cited14 opinions
- Moore v. StateTennessee Supreme Court · 1896
- People v. ChuckCalifornia Supreme Court · 1889
- Strom v. Montana Central Railway Co.Supreme Court of Minnesota · 1900
- Forshee v. AbramsSupreme Court of Iowa · 1856
- State v. KingSupreme Court of Minnesota · 1903
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3Cited by5 opinions
- Caldwell v. YeatmanSupreme Court of New Hampshire · 1940
- Bunnell v. LucasSupreme Court of New Hampshire · 1985
- Smith v. ShepardSupreme Court of New Hampshire · 1999
- Blodgett v. ParkSupreme Court of New Hampshire · 1912
- Town of Bedford v. BrooksSupreme Court of New Hampshire · 1981