Minnesota Supreme Court, 1880

Stevens v. Montgomery

Stevens v. Montgomery
Minnesota Supreme Court · Decided August 24, 1880 · Gilfillan
27 Minn. 108; 6 N.W. 456; 1880 Minn. LEXIS 34 (Minnesota Reports)

Stevens v. Montgomery

Opinion of the Court

Gilfillan, C. J.

On the trial below this case was submitted to the jury, who returned a written verdict, in which they found in favor of plaintiff, and assessed his damages at $27.50, the demand in the complaint being for $91.84. The verdict was recoiled, and, on its being read to the jury, and they ashed if it was their verdict, they answered β€œYes,” and were then discharged. Two days after, the members of the jury came into court, and, through the foreman, stated to the court that they had intended to render a verdict for plaintiff for the amount claimed in the complaint, less the $27.50 mentioned in their verdict, which they had intended to allow defendant as a counterclaim. For this reason plaintiff moved for a new trial, which was refused, and plaintiff appeals. The case is not distinguishable in principle from those in which it is held that a verdict cannot be impeached by the affidavits of the jurors rendering it. The new trial was correctly denied.

Order affirmed.

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