Robb v. McDonald
Supreme Court of Iowa
Appeal from Monroe Circuit Court. Thursday, August 4. Habeas corpus. — in November, 1869, one Tucker was unsuccessul in an action then tried in the Monroe district court, in which he was plaintiff, and one Acheson was defendant.
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Appeal from Monroe Circuit Court. Thursday, August 4. Habeas corpus. — in November, 1869, one Tucker was unsuccessul in an action then tried in the Monroe district court, in which he was plaintiff, and one Acheson was defendant. He afterward, in March, 1870, filed in said court his application for a new trial, based upon the misconduct of the jury in drinking intoxicating liquors after retiring to deliberate, the bribing of witnesses, and the providing intoxicating drinks by defendant to the jury, all these matters coming to his knowledge after the adjournment of the tei-m. Being desirous to…
1Opinion of the CourtWright, J.
The basis of plaintiff’s application was, that Tucker’s petition for a new trial, under section 3116 of the Revision, was to be tried “ as other cases, by ordinary proceedings.” Hence, upon testimony in open court or depositions, not upon ex parte affidavits, and that the applicant therefor had no right to demand, nor the justice power to require, a witness to make the proposed affidavit.
Though we should concede'the first part of this proposition, we should still not be prepared to concur in the order discharging the petitioner. As to the nature of these applications for a new trial, however,…
2Cases cited3 opinions
- Ex Parte KearneySupreme Court of the United States · 1822
- Ex Parte MckeeSupreme Court of Missouri · 1853
- Platt v. HarrisonSupreme Court of Iowa · 1858
3Cited by10 opinions
- Cooper v. People Ex Rel. WyattSupreme Court of Colorado · 1889
- Peff Ex Rel. Laughlin v. DoolittleSupreme Court of Iowa · 1944
- Lutz v. AylesworthSupreme Court of Iowa · 1885
- In re JordanDistrict Court, S.D. Iowa · 1892
- Dudley v. McCordSupreme Court of Iowa · 1885
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