Green v. Bliss
New York Supreme Court
Motion by plaintiff to set aside the verdict in this action for irregularity. This action was tried at the Madison circuit in October, 1855, One of the jury, and the constable who had charge of the jury, swear, that the jury retired in the evening to make up their verdict; that after the jury had deliberated a while, they were informed by the sheriff the judge had directed that the jury should seal their verdict, and bring it into court the next morning.
Read the full summary
Motion by plaintiff to set aside the verdict in this action for irregularity. This action was tried at the Madison circuit in October, 1855, One of the jury, and the constable who had charge of the jury, swear, that the jury retired in the evening to make up their verdict; that after the jury had deliberated a while, they were informed by the sheriff the judge had directed that the jury should seal their verdict, and bring it into court the next morning. The fact that the judge told the sheriff so to inform the jury is uncontradicted. But it does not appear by any affidavit, whether the…
1Opinion of the Court
Balcom, Justice.
The law is too well settled to admit of argument, that the affidavits of jurors are not receivable to impeach their verdict, for mistake or error in respect to the merits *431of a case; or for their own misconduct, or that of their fellows. (Clum agt. Smith, 5 Hill, 560.) Were the law otherwise, the affidavit of a juror, who swears he assented to a verdict as a ruse, for the purpose of separating, would not be entitled to much weight, except for the purpose of showing the cause of a party had been tried by a juror who was unfit to be in the panel.
The affidavit of the constable who…
2Cases cited6 opinions
- Douglass v. TouseyNew York Supreme Court · 1829
- Root v. SherwoodNew York Supreme Court · 1810
- Bunn v. HoytNew York Supreme Court · 1808
- Jackson v. HawksNew York Supreme Court · 1829
- Fox v. SmithNew York Supreme Court · 1824
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Wright v. Illinois & Mississippi Telegraph Co.Supreme Court of Iowa · 1866
- Coker v. HayesSupreme Court of Florida · 1878
- Moses v. Central Park, North & East River RailroadNew York Court of Common Pleas · 1893
- Hamp v. StateSupreme Court of Florida · 1937
- Fahey v. South Nassau Communities HospitalNew York Supreme Court · 1950
1 more not listed; retrieve them via the Exa API.