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23 Minn. 197

Knowles v. Van Gorder

Supreme Court of Minnesota

Decided October 26, 1876

Supreme Court of Minnesota · decided 1876-10-26

Action on a promissory note by endorsee against maker. Defence, that the note was procured by fraud of one Mead, the payee, and was by him endorsed to plaintiff after maturity. At the trial in the district court for Winona county, before Mitchell, J., the defendant’s counsel, in addressing the jury, commented at considerable length upon evidence which had been offered by him, but excluded by the court.

Cited by 3 later decisions — most recently December 1971

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1876-10-26

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Berry, J.

¶1An application to set aside a verdict and for a new trial, upon the ground that the jury have been improp*198erly and unfairly influenced by counsel, is largely addressed' to the sound discretion of the trial court. That court has far greater advantages than an appellate court can possibly have for observing the character' and effect of the influence complained of. In view of these considerations, and upon looking at the facts appearing in the case, and the grounds assigned by the court below for its action in the premises, we find no reason for doubting that the discretion appealed to in the present instance was properly exercised.

¶2The fact that the improper conduct complained of was not objected to by plaintiff’s counsel becomes unimportant, when it is considered that it was objected to by the court of its own motion. This answered every purpose of an objection taken by counsel and sustained by the court. If, after-being admonished by the court, defendant’s counsel persisted (as he in effect did) in the impropriety to which his attention was called, it was not necessary for plaintiff, in order to save his rights, to make a further objection.

¶3Order affirmed.

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