Schwindt v. Graeff

Ohio Supreme Court
Schwindt v. Graeff, 2 Ohio Law. Abs. 180 (Ohio 1924)
Allen, Day, Jones, Marshall, Matthias, Robinson, Wanamaker

Schwindt v. Graeff

Opinion of the Court

ROBINSON, J.

The rule that the verdict of a jury 'may not be impeached by the evidence of a member of the jury is a common law rule founded upon public policy, and not upon the doctrine of estoppel, and the fact that a juror offering such impeaching evidence did not join in the verdict, does not exempt such evidence from the operation of the rule. The legislature and not the court are empowered to modify or abrogate the rule.

Judgment affirmed.

Jones, Matthias and Day, JJ., concur. Marshall, C. J., Wanamaker and Allen, JJ., dissent.

Reference

Full Case Name
Charles Schwindt v. William Graeff
Status
Published