Smith v. Lovejoy
Supreme Court of Georgia
Jurors. New trial. Before Judge Hall. Newton Superior Court. September Term, 1878. Smith sued Lovejoy on a note. The jury found for the plaintiff. Defendant moved for a new trial, among other grounds, because the plaintiff held a conversation with two of the jurors in the case, and detailed to them his side of the case, pending its progress — which fact defendant did not know until afterwards. Both parties presented affidavits in regard to this ground.
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Jurors. New trial. Before Judge Hall. Newton Superior Court. September Term, 1878. Smith sued Lovejoy on a note. The jury found for the plaintiff. Defendant moved for a new trial, among other grounds, because the plaintiff held a conversation with two of the jurors in the case, and detailed to them his side of the case, pending its progress — which fact defendant did not know until afterwards. Both parties presented affidavits in regard to this ground. Those of defendant supported the ground as made ; those of plaintiff were to the effect that he did not converse with any of the jurors,…
1Opinion of the Court
Jackson, Justice.
Yarious grounds were alleged in the motion for a new trial, but the presiding judge granted it on one of them alone ; and inasmuch as he overruled all the others, and we think that he properly granted it on the one on which he rested it, that only need be considered.
That ground is to the effect that pending the trial and after the jury had been engaged in the case and had heard some evidence and were permitted to disperse for the night, the plaintiff had a conversation with two of the jury, in which he detailed his version of the land trade out of which the note sued on grew,…
2Cases cited1 opinion
- Foster v. BrooksSupreme Court of Georgia · 1849
3Cited by4 opinions
- Josey v. StateSupreme Court of Georgia · 1918
- Collier v. StateSupreme Court of Georgia · 1902
- Sharpe v. StateSupreme Court of Georgia · 1927
- Rigsby v. StateCourt of Criminal Appeals of Texas · 1912