Russell v. Gollady
Russell v. Gollady
Opinion of the Court
Opinion oe ti-ie Court by
Henwood, who was introduced as a witness for the appellee,
The jurors themselves are not permitted to testify as to any misconduct of themselves, or their fellow-jurors, nor as to what influenced them in making up their verdict. It is against the policy of the law to allow such evidence. Motions for new trials on such grounds would be vexatiously multiplied, and jury trials discredited by the affidavits of jurors presented to stullify their own verdicts. Luttrell vs. Maysville and Lexington Railroad, 18 B. Mon. 291. The only two grounds relied upon for reversal, are that the court erred in overruling exceptions to depositions and that the jurors or some of them did not comprehend the effect of some instruction of the court. But the instructions are not incorporated in the bill of exceptions, and this court is not informed as to them and must presume they were proper. As therefore the record presents no perceivable or available error, the judgment is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.