Armleder v. Lieberman
Ohio Supreme Court
Error to tbe District Court of Brown county. Tbe original action was on an account. Tbe account' was attached to tbe petition. Plaintiff in error, defendant below, answered, denying tbe indebtedness of tbe estate of Jobn Armleder on tbe account, and, by way of cross-petition, averred a cross-demand, and prayed for a judgment. Plaintiff below replied, specifically denying tbe'items of cross-demand, and prayed for j udgment, as in the ■petition.
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Error to tbe District Court of Brown county. Tbe original action was on an account. Tbe account' was attached to tbe petition. Plaintiff in error, defendant below, answered, denying tbe indebtedness of tbe estate of Jobn Armleder on tbe account, and, by way of cross-petition, averred a cross-demand, and prayed for a judgment. Plaintiff below replied, specifically denying tbe'items of cross-demand, and prayed for j udgment, as in the ■petition. The original petition, answer, and cross-petition .and reply were each amended in the progress of the case, ■on the discovery of new matters of demand…
1Opinion of the CourtAshburs, J.
Two questions are presented:
I. Whether the district court erred in reversing the judgment of the court of common pleas, on the ground •of alleged misconduct of the jury ?
II. If it did, can the judgment of reversal be sustained on consideration of the whole evidence ?
I. The alleged misconduct of the jury: 1. By reason of its separation without permission from the couxt. 2. By reason of a conversation had by one of the jurors when •separated from his fellows.
After the jury had retired, in charge of an officer, to the jury-room, to consider the verdict, an ■ alarm of fine was heard. What…
2Cases cited4 opinions
- Downer v. BaxterSupreme Court of Vermont · 1857
- Collier v. StateSupreme Court of Arkansas · 1859
- Andrews v. TinsleySupreme Court of Georgia · 1856
- Conn v. JonesCourt of Appeals of Kentucky · 1805