Johnson v. Seel
North Dakota Supreme Court
Appeal from District Court, Williams County, John F. Cowan,. Special J. From a judgment and order in defendant’s favor, plaintiff appeals.. Misconduct of jurors may be proved by tbe affidavit of one of tbe1 jury.
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Appeal from District Court, Williams County, John F. Cowan,. Special J. From a judgment and order in defendant’s favor, plaintiff appeals.. Misconduct of jurors may be proved by tbe affidavit of one of tbe1 jury. Rev. Codes 1905, art. 2, § 7063. During tbe trial, where a juror makes statements about tbe case or about tbe evidence, showing a fixed, settled opinion adverse to tbe losing party, it is ground for a new trial. 20 Cyc. 799, 802; Wigbtman v, Butler County, 83 Iowa, 691, 49 N. W. 1041. Even where the facts stated in the affidavits of the moving party are-controverted by the juror,…
1Opinion of the CourtEisK, J.
This cause was tried to a jury and resulted in a verdict and judgment for defendant. A motion for a new trial was made solely upon the grounds of the alleged misconduct of the jury, of the defendant, and of his attorney, which motion was supported merely by the affidavits of two of the jurors, and of plaintiff’s attorney. The affidavits of the two jurors are to the effect that a third juror, one fdesler, in a conversation had with them during the trial of the case, made certain statements to them of and concerning the plaintiff of a very derogatory nature, and tending to, and which in fact…
2Cases cited10 opinions
- People v. FindleyCalifornia Supreme Court · 1901
- Saltzman v. Sunset Telephone & Telegraph Co.California Supreme Court · 1899
- Sanitary District v. CullertonIllinois Supreme Court · 1893
- People v. AzoffCalifornia Supreme Court · 1895
- Siemsen v. Oakland, San Leandro, & Haywards Electric RailwayCalifornia Supreme Court · 1901
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3Cited by6 opinions
- Grenz v. WerreNorth Dakota Supreme Court · 1964
- State v. LindemanNorth Dakota Supreme Court · 1934
- State v. GraberNorth Dakota Supreme Court · 1950
- Cohn v. WyngardenNorth Dakota Supreme Court · 1921
- United States v. DresslerCourt of Appeals for the Seventh Circuit · 1940
1 more not listed; retrieve them via the Exa API.