Young v. Otto
Supreme Court of Minnesota
Appeal by defendant, Ernest Otto, from an order of the District Court of Wright County, Seagrave Smith, J., made November 11, 1893, denying his motion for a new trial. On January 10, 1893, William Otto, a farmer of Wright county, died of consumption at Minneapolis where he had gone for medical treatment.
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Appeal by defendant, Ernest Otto, from an order of the District Court of Wright County, Seagrave Smith, J., made November 11, 1893, denying his motion for a new trial. On January 10, 1893, William Otto, a farmer of Wright county, died of consumption at Minneapolis where he had gone for medical treatment. The plaintiff, George E. Young, was on February 16, 1893, duly appointed by the Probate Court of Wright county administrator of his estate and as such on April 14,1893, brought this action of replevin against Ernest Otto, brother of deceased, to recover possession of three horses, four cows,…
1Opinion of the CourtGileillan, C. J.
It being conceded that during the trial the matter of the alleged misconduct of two of the jurors, and of the plaintiff in connection with them, was brought to the attention of the court, and then by consent the two jurors were excused, and the trial proceeded with the other ten, the defendant must be held to have waived his right to complain of the misconduct. He could not be permitted to experiment with the jury of ten jurors, and, failing of a verdict from them, insist upon a trial by another jury.
On the special findings of the jury that William Otto had not sufficient mental capacity to…
2Cases cited1 opinion
- Fitzgerald v. McMurranSupreme Court of Minnesota · 1894
3Cited by5 opinions
- Schultz v. OldenburgSupreme Court of Minnesota · 1938
- Weeks v. Hosch Lumber Co.Supreme Court of Georgia · 1909
- State v. RemenSupreme Court of Minnesota · 1924
- Fitzgerald v. McMurranSupreme Court of Minnesota · 1894
- Gebus v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1911