5 Del. 423
Decided June 15, 1853
Supreme Court of Delaware · decided 1853-06-15
Replevin. Trial and verdict for plaintiff, on a plea of property in defendant, and property in A. C. Walker. Motion for a rule to show cause why a new trial should not be had, on the following grounds, supported by affidavits :—1. The jurors did not agree on a verdict. 2. The discovery of important testimony since the trial. The defendant presented an affidavit of one of the jurors, the foreman, that he did not agree to the verdict, and did not answer when polled.
Decided 1853-06-15
¶1refused the rule. They would not alow a juror to. deny his verdict rendered in court in such way as to imply his assent, even if it was not 'expressed, as the record says it was. It was the duty of the juror to express his dissent to the verdict, if he-did not agree to it.
¶2In regard to after discovered evidence, it must be shown to be not only important, but that it was not in the party’s power to have discovered it, by reasonable diligence, before the trial.