Appelt v. Timpone

Defendant, in one notice of motion, seeks to set aside, etc., and obtain a new trial on four grounds; the first and second together relate to a claim of newly discovered evidence, including the alleged misconduct of a juror not known of until after the verdict was rendered; they will be discussed first:(1) There is no ground for deciding, as charged, that the juror “ was biased and incompetent to act as a juror,” or for finding that he then knew the plaintiff and the plaintiff’s wife, or that there was any “ concealment of his knowledge and acquaintance with ” them. No unbiased view of the…