Wood v. Kenney

Supreme Court of Connecticut
Wood v. Kenney, 132 A. 451 (Conn. 1926)
104 Conn. 738; 1926 Conn. LEXIS 152
Wheeler, Curtis, Maltbie, Haines, Hinman

Wood v. Kenney

Opinion of the Court

Per Curiam.

The error assigned in failing to correct the finding in accordance with exceptions one and two cannot be considered, since the appellant has not com *739 plied with the requirements of our procedure. See General Statutes, §§ 5830, 5831; Rules of Supreme Court of Errors, § 11 (Practice Book, p. 309).

The fourth error assigned in denying the plaintiff’s motion in arrest is based upon the claimed misconduct of a juror. The finding of facts discloses that there was no misconduct of the juror, that the claimed misconduct was too trivial for consideration, that the act alleged was not occasioned by the prevailing party or anyone in his behalf, and that it did not unfavorably prejudice the appellant. State v. Rubuka, 82 Conn. 59, 61, 72 Atl. 566; Pettibone v. Phelps, 13 Conn. 444; Wood v. Holah, 80 Conn. 314, 316, 68 Atl. 323. Under such circumstances the trial court could not have legally sustained the motion in arrest.

There is no error.

Reference

Full Case Name
Porter L. Wood v. Patrick Kenney.
Cited By
1 case
Status
Published