Barnett v. Eaton
Mississippi Supreme Court
Appeal from the Circuit Court of Perry County. Kenneth McInnis, Nsq., Special 'Judge, presiding by agreement of parties, in place of Hon. S. H. Terral, disqualified, because having been of counsel in the case. This is an action of assumpsit, brought by James A. Eaton against James A. Barnett.
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Appeal from the Circuit Court of Perry County. Kenneth McInnis, Nsq., Special 'Judge, presiding by agreement of parties, in place of Hon. S. H. Terral, disqualified, because having been of counsel in the case. This is an action of assumpsit, brought by James A. Eaton against James A. Barnett. In the trial of the case in the court below the jury found a verdict in favor of the plaintiff, and the defendant moved to set it aside and for a new trial upon the ground stated in the opinion of the court, which motion was overruled. From a judgment upon such verdict the defendant appealed to this…
1Opinion of the CourtCooper, C. J.
On the motion for a new trial the defendant, against whom a verdict had been rendered, introduced several of the jurors as witnesses to the misconduct of the officer who had the jury in charge, and by them proved that he had.taken part in the deliberations of .the jury, and according to the affidavit of one of the jurors who was not examined in open court, it is stated that he had “ argued in favor of a verdict for the plaintiff.” On the other hand, several other jurors testified that the officer, a garrulous and noisy old man, while talking freely in the presence of the jury and to its…
2Cited by6 opinions
- Wiltcher v. StateMississippi Supreme Court · 1910
- Shaw v. StateMississippi Supreme Court · 1901
- Charlton v. KellyCourt of Appeals for the Ninth Circuit · 1907
- James Turner & Sons v. Great Northern Railway Co.North Dakota Supreme Court · 1937
- Liggett & Myers Tobacco Co. v. ImbragugliaDistrict Court, D. Maryland · 1947
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