DC Thompson and Co. v. Hauge

*653LENT, J.

There are two issues. The first is whether failure to file a timely undertaking on appeal is a jurisdictional defect. The second is whether after a verdict is received and the jury is discharged, juror affidavits may be received and a new trial ordered based upon juror error in interpreting the effect of the verdict. As to the first issue, we hold that the untimely filing of the undertaking was not a jurisdictional defect. As to the second, we hold that such affidavits or testimony may not be received and thus may not serve as the basis for ordering a new trial.1

Plaintiff landlord…