Edward Thompson Co. v. Gunderson
South Dakota Supreme Court
Appeal from circuit court, Hughes county. Hon. A. W. Campbell, Judge. Action to recover subscription price for certain law books. Plaintiff had judgment and from an order denying his motion for a new trial, defendant appeals. The facts are stated in the opinion. Separation of the jury vitiates the verdict. Moush v. Commissioners, 21 Kan. 484; Silvery v. State, 71 Ga. 553; State v. Hornly, 32 La. An., 1268. Unauthorized communication with juror will be presumed prt judicial.
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Appeal from circuit court, Hughes county. Hon. A. W. Campbell, Judge. Action to recover subscription price for certain law books. Plaintiff had judgment and from an order denying his motion for a new trial, defendant appeals. The facts are stated in the opinion. Separation of the jury vitiates the verdict. Moush v. Commissioners, 21 Kan. 484; Silvery v. State, 71 Ga. 553; State v. Hornly, 32 La. An., 1268. Unauthorized communication with juror will be presumed prt judicial. Edney v. Baum, 62 N. W 461; Peterson v. Siglinger, 3 S. D. 255; 52 N. W. 1060. Separation of itself will not vitiate the…
1Opinion of the CourtHaney, J.
Defendant appeals from an order denying his motion for a new trial, made on the ground of misconduct of *43the jury. The alleged misconduct consists in the temporary separation of two jurors from the others after the case was submitted, and while the jury was absent from the jury room, in charge of a bailiff, for the purpose of taking supper. The affidavits of two jurors were read in support of the motion, to which plaintiff made proper and timely objection. They should not have been received, and cannot be considered. It is the settled law in this state that the testimony of jurors is…
2Cases cited8 opinions
- Gaines v. WhiteSouth Dakota Supreme Court · 1891
- Murphy v. MurphySouth Dakota Supreme Court · 1890
- State v. ChurchSouth Dakota Supreme Court · 1895
- Ulrick v. Dakota Loan & Trust Co.South Dakota Supreme Court · 1891
- Downer v. BaxterSupreme Court of Vermont · 1857
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Spencer v. JohnsonMichigan Supreme Court · 1915
- Nebraska Electric Generation & Transmission Coop., Inc. v. MarkusSouth Dakota Supreme Court · 1976
- State v. KieferSouth Dakota Supreme Court · 1902
- Ewing v. LunnSouth Dakota Supreme Court · 1908
- Hampton v. Van Nest's EstateMichigan Supreme Court · 1917
13 more not listed; retrieve them via the Exa API.