Stewart v. Burlington & Missouri River Railroad
Supreme Court of Iowa
Appeal from Des Moines District Court. The plaintiff brought suit to recover of defendant the price of a certain quantity of cord wood. Trial by jury and verdict for the plaintiff.
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Appeal from Des Moines District Court. The plaintiff brought suit to recover of defendant the price of a certain quantity of cord wood. Trial by jury and verdict for the plaintiff. The defendant filed a motion for a new trial based upon the affidavit of four of the jurors, in which they state that the jury in said cause, took with them to their jury room, a certain deposition taken by the plaintiff in said cause, but which was not read or used in evidence before them upon the trial of said cause. Motion overruled, defendant appeals.
1Opinion of the Court
Baldwin J.
Two questions are presented for the consideration of the court in the decision of this case.
I. Was the defendant prejudiced by the conduct of the jury in entertaining evidence that -was not introduced upon the trial?
II. Can the affidavits of jurors be admitted by the court, (showing their misconduct, in taking with them to their room and considering such testimony,) in support of an application for a new trial ?
It appears from the bill of exceptions that after the verdict of the jury was returned into court, the defendant moved the court to grant a new trial; which motion is based…
2Cases cited4 opinions
- Whitney v. WhitmanMassachusetts Supreme Judicial Court · 1809
- Manix v. MalonySupreme Court of Iowa · 1858
- Forshee v. AbramsSupreme Court of Iowa · 1856
- Cook v. SypherSupreme Court of Iowa · 1856
3Cited by8 opinions
- Wright v. Illinois & Mississippi Telegraph Co.Supreme Court of Iowa · 1866
- Douglass ex rel. Osborne v. AgneSupreme Court of Iowa · 1904
- Fischer, Inc. v. Standard Brands, Inc.Supreme Court of Iowa · 1973
- Cowles v. Chicago, R. I. & P. R. R.Supreme Court of Iowa · 1871
- Schneider v. MoeOregon Supreme Court · 1935
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