Murphy v. Murphy
South Dakota Supreme Court
Appeal from district court of Minnehaha county, Hon. John E. Carland, Judge. Action upon two promissory notes. Defendant pleads a counter claim. Judgment for defendant. Plaintiff appeals. The facts are stated in the opinion.
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Appeal from district court of Minnehaha county, Hon. John E. Carland, Judge. Action upon two promissory notes. Defendant pleads a counter claim. Judgment for defendant. Plaintiff appeals. The facts are stated in the opinion. While it is a well established rule of law that “the affidavits of jurors will not be received to impugn their own verdict,” yet when it appears by the affidavits of jurors that a misunderstanding existed between the court and the jury while in the jury box, and an error in the nature of a clerical error exists in the verdict, such affidavits should be received and the…
1Opinion of the CourtBennett, J.
The plaintiff and appellant brought his action on two promissory notes, aggregating, principle and interest, at the time of trial, §688. The defendant makes no defense to the notes, but alleges, by way of counter claim, that the plaintiff is indebted to him in the sum of §2,162, with interest from July 3, 1883, for work and services performed by de-' fendent for plaintiff. The plaintiff put in a general denial to the counter claim. A trial was had upon the issues; a verdict rendered by the jury as follows: “We, the jury in the above entitled-cause, find in favor of the defendant, Isaac…
2Cases cited8 opinions
- Boyce v. California Stage Co.California Supreme Court · 1864
- Hall v. FinchWisconsin Supreme Court · 1871
- Tyler v. BurringtonWisconsin Supreme Court · 1876
- Pellage v. PellageWisconsin Supreme Court · 1873
- Fisher v. FisherWisconsin Supreme Court · 1856
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3Cited by22 opinions
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- Wolfgram v. Town of SchoepkeWisconsin Supreme Court · 1904
- Mahan v. MahanSouth Dakota Supreme Court · 1963
- Keith v. StateCourt of Criminal Appeals of Oklahoma · 1912
- Clark ex rel. Clark v. Van VleckSupreme Court of Iowa · 1907
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