McDonald v. Pless
Court of Appeals for the Fourth Circuit
In Error to the District Court of the United States for the Western District of North Carolina, at Asheville; James E. Boyd', Judge. Action at law by J. W. Pless and J. W. Winbourne, partners as Pless & Winbourne, against D. J. McDonald and United States Fidelity & Guaranty Company. Judgment for plaintiffs, and defendants bring error.
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In Error to the District Court of the United States for the Western District of North Carolina, at Asheville; James E. Boyd', Judge. Action at law by J. W. Pless and J. W. Winbourne, partners as Pless & Winbourne, against D. J. McDonald and United States Fidelity & Guaranty Company. Judgment for plaintiffs, and defendants bring error. The facts in the case, briefly stated, are as follows: The defendants in error, plaintiffs in the court below, instituted their action at law in the superior court, of McDowell county, N. C., to recover from the plaintiffs in error,®defendants in the court…
1Opinion of the CourtWaddill, District Judge
(after stating 'the facts as above). The facts of the case briefly stated, and the one error insisted upon of those embraced in the assignments, present but a single issue for the determination of the court; that is to say, whether a juror may be called to impeach a verdict found by a jury of which he was a member, respecting a matter inherent in the verdict itself.
In the view of this court, but little need be said regarding this assignment, as the same is clearly without merit, certainly under the decisions of the federal courts, and of the courts of most of the states of the Union. The…
2Cases cited14 opinions
- Clyde Mattox v. United StatesSupreme Court of the United States · 1892
- Hyde v. United StatesSupreme Court of the United States · 1912
- State v. . BrittainSupreme Court of North Carolina · 1883
- Gordon v. CommonwealthSupreme Court of Virginia · 1902
- Murphy v. MurphySouth Dakota Supreme Court · 1890
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3Cited by4 opinions
- Stout v. United StatesCourt of Appeals for the Eighth Circuit · 1915
- Moore v. United StatesCourt of Appeals for the Ninth Circuit · 1924
- Liggett & Myers Tobacco Co. v. ImbragugliaDistrict Court, D. Maryland · 1947
- United States v. 120,000 Acres of LandDistrict Court, N.D. Texas · 1943