Legal Opinion

Brown v. Reed

Supreme Judicial Court of Maine

Decided January 3, 1889PublishedCited by 10 opinions

On motion. This was an action of trover brought by the plaintiff, as administrator of David F. Brown, of Mexico, to recover the value of personal property, rights and. credits, of plaintiff’s intestate which it was alleged had been converted by the defendant.

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On motion. This was an action of trover brought by the plaintiff, as administrator of David F. Brown, of Mexico, to recover the value of personal property, rights and. credits, of plaintiff’s intestate which it was alleged had been converted by the defendant. The case was tried at the October term, A. D. 1887, and the jury returned a general verdict for plaintiff for the sum of'twenty-three hundred and thirty dollars with special findings against the defendant, as follows: “Special finding. — Did David F. Brown, on May 28th, 1880, when he executed the written transfer of his personal…

1Opinion of the CourtPeters, C. J.

We are not satisfied that the motion to set aside the verdict because the foreman of the jury was related to one of the parties, should prevail. And we feel no reluctance in coming to such a conclusion as we are convinced that the relationship did not affect the verdict in the least degree; the juror not even knowing that any relationship existed.

The defendant had notice of the relationship within a reasonable meaning of the statute which declares that, if a party knows any objection to a juror in season to propose it before trial, and omits to do so, he shall not afterwards make it, unless…

2Cited by10 opinions

  1. Bennett v. StateSupreme Judicial Court of Maine · 1965
  2. Gray v. Harriet Lane Home for Invalid ChildrenCourt of Appeals of Maryland · 1949
  3. Christian v. StateSupreme Judicial Court of Maine · 1970
  4. State v. FischerSupreme Judicial Court of Maine · 1968
  5. State v. MerchantSupreme Judicial Court of Maine · 2003

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