Tyler v. Stevens
Superior Court of New Hampshire
This was a writ of entry brought to recover a tract of land in Claremont, and was tried here at October term, 1326, upon the general issue and a verdict returned for the tenants. In the course of the term the demandants moved the court to grant a new trial on the ground that some of the jurors who tried the cause had misunderstood the directions given to the jury by the= court, and they offered the affidavits of five jurors to prove the fact,
1Opinion of the CourtRichardson, C. J.
We have attentively considered the motion which has been made in this case, and are clearly of opinion that the affidavits of the jurors cannot be received, and that the motion must be overruled.
The better opinion is, that when the jury is guilty of misconduct in finding their verdict, as when they agree to determine it by lot, the fact cannot be proved by the testimony of the jurors. 4 Binney, 150, Cluggage v. Swan; 4 B. & P. 326, Owen v. Warburton; 4 Johns. 487, Dana v. Tucker; 3 Cowen’s Rep. 56, Smith v. Cheetham; 1 Mass. Rep. 530, Grinnel v. Phillips; 1 D. & E. 11, Vasie v. Delaval. It…
2Cases cited4 opinions
- Bridge v. EgglestonMassachusetts Supreme Judicial Court · 1817
- Dana v. TuckerNew York Supreme Court · 1809
- Grinnell v. PhillipsMassachusetts Supreme Judicial Court · 1805
- Jackson ex dem. Noah v. Dickenson & ThompsonNew York Supreme Court · 1818
3Cited by8 opinions
- Gibson v. BaileySuperior Court of New Hampshire · 1838
- Caldwell v. YeatmanSupreme Court of New Hampshire · 1940
- Bunnell v. LucasSupreme Court of New Hampshire · 1985
- Whittier v. VarneySuperior Court of New Hampshire · 1839
- Blodgett v. ParkSupreme Court of New Hampshire · 1912
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