Deming v. Hurlbut
Supreme Court of Vermont
A verdict -will be set aside on proof that a Juryman, before the hearing of the cause, declared that he could not give a verdict against the party, in whose favor the verdict was given; with proof also, that the party against whom the verdict was given had no knowledge of such declaration until after the trial. THIS was an action of trover, for corn, rye, and meal-bags.
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A verdict -will be set aside on proof that a Juryman, before the hearing of the cause, declared that he could not give a verdict against the party, in whose favor the verdict was given; with proof also, that the party against whom the verdict was given had no knowledge of such declaration until after the trial. THIS was an action of trover, for corn, rye, and meal-bags. On trial upon the general issue, it appeared in evidence that the plaintiffs were distillers, and the defendants millers, in the town of Dorset. That certain bins were erected by the defendants, in their mill, designed chiefly…
1Opinion of the Court
Williams J.
delivered the opinion of the Court.
In this cause the plaintiffs move for a new trial on certain exceptions to the charge of the Court to the Jury, and also for that one of the Jurors formed and expressed an opinion, as to the merits of the cause previous to the trial.
It will be unnecessary to decide upon the exceptions to the charge, as the Court are clear that on the last ground a new trial must be granted. I should be unwilling to disturb the verdict in this case, as the facts were very fully investigated, did I not consider the law as fully settled. It is in proof that the…
2Cited by3 opinions
- French v. SmithSupreme Court of Vermont · 1827
- Isabelle v. Proctor HospitalSupreme Court of Vermont · 1971
- State v. HowardSuperior Court of New Hampshire · 1845