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69 Mo. 149

Philips v. Stewart

Supreme Court of Missouri

Decided October 15, 1878

Supreme Court of Missouri · decided 1878-10-15

<p>1. Verdict. The verdict of a jury cannot be impeached by the testimony of one of its members.</p> <p>2. Judgment in Attachment. Where the judgment against the defendant in an attachment suit is general, the court cannot direct that the attached property be first sold. The statute expressly directs that the execution, in such case, shall be a common/, fa. Gen. Stat. 1865, § 58.</p>

Relies on Kritzer v. Smith

Good law ✅— No negative treatment on recordhow we know

Decided 1878-10-15

How this case has been cited

Cited by 9 later decisions — most recently March 1970

9 state decisions

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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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Napton, J.

¶1The defendant is this case was sued for debauching the daughter of the plaintiff, and upon a trial before a jury was found guilty of the charge, and sentenced to pay $229. The only ground urged here for the reversal of the judgment is, that a paper was found in the jury room, immediately after the verdict was returned, containing a series of figures, the aggregate of which, divided by twelve, made the exact sum found by the jury, and the defendant’s counsel offered to prove by one of the jury that these figures were made by one of that body. This testimony was rejected by the court, and we think prop-erly.

¶2The court then entered a general judgment against the defendant, with directions, however, that the attached property should first be sold, which latter part of the judgment must be reversed in- accordance -with the decision of this court in Kritzer v. Smith, 21 Mo. 302. The judgment thus modified will be entered here.

¶3Aeeirmed.

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