Milbourne v. Robison
Missouri Court of Appeals
Appeal from DeKalb Cdrcuit Court. — Hon. Alonzo D. Burnes, Judge. (1) • The affidavit of juror Sifers was incompetent to impeach the verdict of the jury and it was the duty of.the court to disregard such affidavit and refuse consideration. Pratte v. Coffman, 33 Mo. 71; Sawyer v. Railway, 37 Mo. 264; State v. Underwood, 75 Mo. 51; State v. Copenkaver, 39 Mo. 430; McFarland v. Bellows, 49 Mo.
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Appeal from DeKalb Cdrcuit Court. — Hon. Alonzo D. Burnes, Judge. (1) • The affidavit of juror Sifers was incompetent to impeach the verdict of the jury and it was the duty of.the court to disregard such affidavit and refuse consideration. Pratte v. Coffman, 33 Mo. 71; Sawyer v. Railway, 37 Mo. 264; State v. Underwood, 75 Mo. 51; State v. Copenkaver, 39 Mo. 430; McFarland v. Bellows, 49 Mo. App. 311; State v. Branstatter, 65 Mo. 156; State v. Alexander, 66 Mo. 163; Phillips v. Stewart, 69 Mo. 149; State v. Pox, 79 Mo. 112; State v. Dunn, 80 Mo. 694; State v. Rush, 95 Mo. 199; State v. Cooper,…
1Opinion of the CourtEllison, J.
This action was instituted to recover damages for an alleged- breach of promise of marriage. There was a trial in the circuit court which resulted in a verdict for the plaintiff. On defendant’s motion the verdict was set aside and a new trial granted; whereupon plaintiff appealed and asks to have the order reversed with directions that judgment be entered on the verdict. The new. trial was granted on the ground of misconduct on the part of the jury. The .misconduct charged was in agreeing to make a verdict by each juror putting down an amount, adding those amounts and dividing the sum by…
2Cases cited17 opinions
- Clyde Mattox v. United StatesSupreme Court of the United States · 1892
- Woodward v. LeavittMassachusetts Supreme Judicial Court · 1871
- Perry v. BaileySupreme Court of Kansas · 1874
- Atchison, Topeka & Santa Fe Rld. v. StanfordSupreme Court of Kansas · 1874
- State v. HopeSupreme Court of Missouri · 1889
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3Cited by7 opinions
- Cook v. Kansas CitySupreme Court of Missouri · 1948
- Murphy v. GravesSupreme Court of Missouri · 1956
- Stotts v. MeyerMissouri Court of Appeals · 1991
- People v. EvansCalifornia Court of Appeal · 1923
- Crutcher v. Kansas City Viaduct & Terminal Railway Co.Missouri Court of Appeals · 1914
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