In re Smith

Wingate, S.

The contestant moves to set aside the verdict of the jury, rendered after a trial occupying twelve days and a deliberation in the jury room of some eight hours.

The seriousness of the situation always presented when the question of disturbing the verdict of a jury arises, is here further emphasized by the fact that the motion is based mainly upon the affidavits of ten of the jurors.

The preliminary objection is made to the reception of these jurors’ affidavits or their consideration upon the motion. Numerous cases are cited by proponents for the legal propositions that affidavits of…