Legal Opinion

Meisch v. Sippy

Missouri Court of Appeals

Decided November 17, 1903PublishedCited by 1 opinion

Appeal from St. Louis City Circuit Court . — Hon. D. D. Fisher, Judge. (1) No principle of la.w is more firmly established in this State than that the affidavits of jurors will not be allowed to discredit, impeach or overthrow a verdict returned by them. For much stronger reasons evidence will not be heard of loose declarations tending to impeach their verdict made by jurors to third persons. State v. Fox, 79 Mo. 109; State v. Dickmann, 11 Mo.

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Appeal from St. Louis City Circuit Court . — Hon. D. D. Fisher, Judge. (1) No principle of la.w is more firmly established in this State than that the affidavits of jurors will not be allowed to discredit, impeach or overthrow a verdict returned by them. For much stronger reasons evidence will not be heard of loose declarations tending to impeach their verdict made by jurors to third persons. State v. Fox, 79 Mo. 109; State v. Dickmann, 11 Mo. App. 538, affirmed by the Supreme Court in 75 Mo. 570; State v. Dunn, 80 Mo. 681; State v. Branstetter, 65 Mo. 149; Thompson & Merriman on Juries, p.…

1Opinion of the CourtBland, P. J.

The suit was to recover damages for an alleged breach of contract of marriage, aggra*562vated by seduction under the promise, and birth of a child.

The answer was a general denial and a disclaimer of knowledge of the birth of a child or responsibility therefor.

Plaintiff offered evidence tending to prove the allegations. of her petition, and the defendant offered evidence tending to support his answer. There was a verdict for plaintiff, assessing her damages at $3,500, which was set aside on motion for new trial and a new trial granted. Prom the order granting a new trial, plaintiff appealed. The…

2Cases cited17 opinions

  1. State v. BranstetterSupreme Court of Missouri · 1877
  2. Sawyer v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1866
  3. State v. AlexanderSupreme Court of Missouri · 1877
  4. Easley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
  5. State v. McNamaraSupreme Court of Missouri · 1889

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3Cited by1 opinion

  1. Mitchell v. City of SpringfieldMissouri Court of Appeals · 1966

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