Abdenor v. Gould
South Dakota Supreme Court
’Appeal from Circuit Court, Tripp County. Hon. Wiwjam WlUJAMSON, Judge. Action by Abraham A'bdenor, against William Gould, to recover damages for a personal assault. From a judgment for plaintiffs, and from an order denying a new trial, defendant appeals.
1Opinion of the CourtWhiting, J.
This cause is before us upon an appeal from the judgment and from, an order refusing a new trial. The sole question presented is whether the jurors or any of - them “were induced to assent” to their verdict “by a resort to the determination of chance.” Subdivision 2, § 2555, R. C. 1919, declares that to so reach a verdict is misconduct on the part of the jury such as will entitle the aggrieved party to a new trial, and also provides that such misconduct may be proved by the affidavit of any one of the jurors.
About a year after the trial, seven of the jurors made affidavits stating that:
“The…
2Cases cited2 opinions
- Dixon v. PlunsCalifornia Supreme Court · 1893
- Long v. CollinsSouth Dakota Supreme Court · 1900
3Cited by3 opinions
- Plank v. HeirigsSouth Dakota Supreme Court · 1968
- Fales v. KauppSouth Dakota Supreme Court · 1968
- Platt v. City of Rapid CitySouth Dakota Supreme Court · 1940