Hulet v. Barnett
Ohio Supreme Court
This is a bill in chancery, from the county of Richland. It is brought for the purpose of obtaining a new trial at law.., The bill, after setting forth the substance of the controversy between the parties, the submission of the cause by their counsel to the jury, the charge of the court, the withdrawal of the jury under the charge of a constable, and the rendition of the verdict, avers that the said verdict was unjust, contrary to law and the evidence, and that it was…
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This is a bill in chancery, from the county of Richland. It is brought for the purpose of obtaining a new trial at law.., The bill, after setting forth the substance of the controversy between the parties, the submission of the cause by their counsel to the jury, the charge of the court, the withdrawal of the jury under the charge of a constable, and the rendition of the verdict, avers that the said verdict was unjust, contrary to law and the evidence, and that it was procured through the improper conduct of some of the jurors, and the corrupt interference of the constable, who was much of…
1Opinion of the CourtGrimke, J.
The allegation contained in the bill, that the verdict was contrary to both law and evidence, of course affords no ■support to the complainant’s case. That was a matter of which he was apprised in time to make a motion for a new trial in the court before whom the cause was tried. As regards the charge of misconduct on the part of the jury, the only evidence consists mf the depositions of two of the jurymen themselves. Now, if there is any rule which can be considered as completely settled, and which has been framed for the purpose of setting bounds to 481] the discretion of the court, *it is…
2Cited by20 opinions
- State v. PooleOhio Supreme Court · 1973
- State v. McCormickSupreme Court of Iowa · 1869
- Leonard v. Territory, Washington Territory1885
- Commonwealth v. DiStasioMassachusetts Supreme Judicial Court · 1937
- People v. O'CallaghanIdaho Supreme Court · 1886
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