Larimer v. Kelly
Supreme Court of Kansas
Error from Woodson District Court. This case was here twice before. (10 Kas., 298, and 307.) On filing the mandate in the court below, (Allen county district court,) a change of venue was taken to Woodson county, where the case was tried at the June Term, 1873. Verdict and judgment in favor of Kelly for $285.50. Larimer moved for a new trial on the ground of alleged misconduct of a juror in drinking intoxicating liquors. Motion overruled, and Larimer brings the case here.
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Error from Woodson District Court. This case was here twice before. (10 Kas., 298, and 307.) On filing the mandate in the court below, (Allen county district court,) a change of venue was taken to Woodson county, where the case was tried at the June Term, 1873. Verdict and judgment in favor of Kelly for $285.50. Larimer moved for a new trial on the ground of alleged misconduct of a juror in drinking intoxicating liquors. Motion overruled, and Larimer brings the case here. The only error assigned is the overruling of said motion.
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
The record shows that this case was regularly tried before a jury in the court below. The jury retired to consider of their verdict. Afterward one of the jurors became sick, and the court, with the assent of both parties, allowed the jury to separate till next morning at 8J o’clock. At about eight o’clock the next morning one of the jurors took a drink of intoxicating liquor. Afterward the court convened, and the jury again retired to consider of their verdict, and subsequently returned into the court-room and rendered their verdict in…
2Cases cited1 opinion
- Perry v. BaileySupreme Court of Kansas · 1874
3Cited by2 opinions
- Grottkau v. StateWisconsin Supreme Court · 1888
- State v. TatlowSupreme Court of Kansas · 1885