Tiernan v. Trewick
Utah Supreme Court
Appeal from the Third District Court. Action to recover possession of a portion of the Live Pine Mining Claim, in the West Mo'untain Mining District, alleged to be in the possession of defendants; also, for a perpetual injunction. At the trial the plaintiff had judgment as prayed for; whereupon defendants (appellants) moved for a new trial, upon the two grounds mentioned in the opinion.
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Appeal from the Third District Court. Action to recover possession of a portion of the Live Pine Mining Claim, in the West Mo'untain Mining District, alleged to be in the possession of defendants; also, for a perpetual injunction. At the trial the plaintiff had judgment as prayed for; whereupon defendants (appellants) moved for a new trial, upon the two grounds mentioned in the opinion. The newly discovered evidence, as shown by the affidavits of the defendants, consisted of a drift run on the Live Pine vein or lode, and which is shown in the record of the cause by a map attached to the…
1Opinion of the CourtEmeRSON, J.
This appeal is from the judgment and order of the court overruling the appellants’ motion for a new trial.
The first ground for the motion is “ misconduct on the part of the jury in the former trial.”
The alleged irregularity is on the part of one of the jurors, and, as stated in the affidavit accompanying the motion, consists in this: “That during the trial of said cause by jury, and during a recess of the court, that he observed Silas Beebe, one of the witnesses for the plaintiff, talking about said case and explaining the map exhibited by tire plaintiff, to one Brower, a juryman, sitting at…
2Cases cited1 opinion
- People v. BoggsCalifornia Supreme Court · 1862
3Cited by3 opinions
- Salt Lake Inv. Co. v. StouttUtah Supreme Court · 1919
- Fendler v. DewaldMissouri Court of Appeals · 1883
- Baumgarten v. HoffmanUtah Supreme Court · 1893