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2 How. Pr. 23

Taylor v. Everett

New York Supreme Court

Decided December 15, 1845

New York Supreme Court · decided 1845-12-15

Motion by defendant to set aside verdict for irregularity. This was an action of assault and battery, tried at Putnam circuit in November last; the jury, after having been out about five hours, rendered a verdict for the plaintiff of $50.

Good law ✅— No negative treatment on recordhow we know

Decided 1845-12-15

How this case has been cited

Cited by 5 later decisions — most recently August 1923

5 state decisions

30184518501860187018801890190019101920decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Jewett, Justice.

¶1The affidavit of a juror cannot be received to impeach the verdict for mistake or error in respect to the merits, nor to prove irregularity or misconduct either on his own part or that of his fellows ; nor are the declarations or admissions of jurors made subsequent to the rendition of their verdict admissible in support of a motion to set aside. (Clum agt. Smith, 5 Hill, 560.) Rejecting the affidavits of the jurors and disregarding what other affidavits prove their declarations, there is no evidence that the intelligence commu*24nieated by the constable influenced the verdict in any respect, and although the conduct of the constable is deserving of . severe animadversion, yet the verdict cannot be set aside on that ground.

¶2Motion denied with costs.

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