Koehler v. Cleary
Supreme Court of Minnesota
Action for breach of promise of marriage and seduction. Trial in the district court for Winona .county, before Mitchell, J., and verdict for plaintiff for $2,000. Motion for neiv trial because of newly-discovered evidence, misconduct of the jury, and excessive damages, upon which the court ordered that a new trial be had, unless plaintiff consent that the verdict be reduced to $650, in which case a new trial would be refused.
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Action for breach of promise of marriage and seduction. Trial in the district court for Winona .county, before Mitchell, J., and verdict for plaintiff for $2,000. Motion for neiv trial because of newly-discovered evidence, misconduct of the jury, and excessive damages, upon which the court ordered that a new trial be had, unless plaintiff consent that the verdict be reduced to $650, in which case a new trial would be refused. The plaintiff duly consented ■to the reduction, and the defendant appealed from the order.
1Opinion of the Court
.Gilfillan, C J.
There is no necessity to consider any *326of the grounds upon which the motion for a new trial was-made, except that of misconduct of the jury. Bearing on this point, it appears from the bill of exceptions that certain acts and conversations were testified to, as having occurred in certain rooms in the Green Bay House, the hotel at which the plaintiff lived, and which hotel ivas kept by plaintiff ’ s sister; and that the testimony of these acts- and conversations had a material bearing upon the case. These acts and conversations were denied, and it was. claimed that, from the…
2Cases cited1 opinion
- Pettibone v. PhelpsSupreme Court of Connecticut · 1840
3Cited by20 opinions
- State v. SchifskySupreme Court of Minnesota · 1955
- Rush v. St. Paul City Railway Co.Supreme Court of Minnesota · 1897
- Woodbury v. City of AnokaSupreme Court of Minnesota · 1893
- Schneider v. MoeOregon Supreme Court · 1935
- Chinn v. DavisMissouri Court of Appeals · 1886
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