Taylor v. Everett
New York Supreme Court
Motion by defendant to set aside verdict for irregularity. This was an action of assault and battery, tried at Putnam circuit in November last; the jury, after having been out about five hours, rendered a verdict for the plaintiff of $50. Samuel Myrick, who was foreman of the jury, swore that soon after the jury retired they were divided, ranging from $10 to $150 for plaintiff; his own private opinion was $25, although he had marked $45 in order to ascertain how the others…
Read the full summary
Motion by defendant to set aside verdict for irregularity. This was an action of assault and battery, tried at Putnam circuit in November last; the jury, after having been out about five hours, rendered a verdict for the plaintiff of $50. Samuel Myrick, who was foreman of the jury, swore that soon after the jury retired they were divided, ranging from $10 to $150 for plaintiff; his own private opinion was $25, although he had marked $45 in order to ascertain how the others stood. He, never intended to give a verdict for plaintiff of $50, and should not have done so, had not Jesse Baker, the…
1Opinion of the Court
Jewett, Justice.
The affidavit of a juror cannot be received to impeach the verdict for mistake or error in respect to the merits, nor to prove irregularity or misconduct either on his own part or that of his fellows ; nor are the declarations or admissions of jurors made subsequent to the rendition of their verdict admissible in support of a motion to set aside. (Clum agt. Smith, 5 Hill, 560.) Rejecting the affidavits of the jurors and disregarding what other affidavits prove their declarations, there is no evidence that the intelligence commu*24nieated by the constable influenced the verdict in…
2Cited by10 opinions
- Wright v. Illinois & Mississippi Telegraph Co.Supreme Court of Iowa · 1866
- State v. BaileySupreme Court of Kansas · 1884
- Moses v. Central Park, North & East River RailroadNew York Court of Common Pleas · 1893
- Stromblad v. Hanover Fire InsuranceNew York Supreme Court · 1923
- Hager v. HagerNew York Supreme Court · 1862
5 more not listed; retrieve them via the Exa API.