Manix v. Malony
Supreme Court of Iowa
Appeal from the Dubuque District Court. An action to recover damages for an assault and battery. Yerdict for tlie plaintiff, for one hundred and ninety-one dollars. The defendant moved to set aside the verdict, and for a new trial, on two grounds: 1. That the jury adopted an improper method in the assessment of damages ; 2. The discovery of evidence, unknown to him at the time of the trial.
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Appeal from the Dubuque District Court. An action to recover damages for an assault and battery. Yerdict for tlie plaintiff, for one hundred and ninety-one dollars. The defendant moved to set aside the verdict, and for a new trial, on two grounds: 1. That the jury adopted an improper method in the assessment of damages ; 2. The discovery of evidence, unknown to him at the time of the trial. The motion was supported by an affidavit of the defendant, and that of two of the jurors who rendered the verdict. The defendant deposes, “ that at the time of the alleged assault and battery, and…
1Opinion of the CourtStockton, J.
The motion for a new trial was upon two grounds: 1. Misbehaviour of the jury; 2. Newly discovered evidence since the. trial.
In support of the first ground, the defendant produced the affidavit of two of the jurors, who tried the cause, who made oath, that the jury, in order to arrive at the plaintiff’s damages, agreed that each one should mark down such sum as he thought fit; that the aggregate should be divided by twelve ; and that the quotient should be the verdict; that this agreement was carried out by each juror, setting down *83Ills sum, and dividing the aggregate by twelve ; and that the…
2Cases cited4 opinions
- Forshee v. AbramsSupreme Court of Iowa · 1856
- Mays v. DeaverSupreme Court of Iowa · 1855
- Smith v. CheethamNew York Supreme Court · 1805
- Cook v. SypherSupreme Court of Iowa · 1856
3Cited by25 opinions
- Wright v. Illinois & Mississippi Telegraph Co.Supreme Court of Iowa · 1866
- Hempton v. StateWisconsin Supreme Court · 1901
- Graham v. HagmannIllinois Supreme Court · 1915
- Alger v. MerrittSupreme Court of Iowa · 1864
- Barton v. HolmesSupreme Court of Iowa · 1864
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