Dalby v. Cook

DAVIS, Commissioner.

This appeal stems from a will contest in which the present appellants were the contestants. There was a verdict upholding the will. The appellants seek reversal of the judgment entered on that verdict claiming that: (1) One of the jurors was related to a prevailing litigant; (2) there was improper conduct by a witness in the presence of members of the jury; and (3) one of the jurors had formed and expressed an unfavorable opinion before submission of the case.

As respects the first ground of error, it appears that about a month after the verdict the appellants first learned…