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73 Ind. 111

Elbert v. Hoby

Indiana Supreme Court

Decided November 15, 1880

Indiana Supreme Court · decided 1880-11-15

<p>Practice. — Misconduct of Juror. — Bill of Exceptions. — Supreme Court.— Affidavits concerning alleged misconduct of jurors must be made a part of the record by a bill of exceptions or order of court, to present any question thereon in the Supreme Court.</p>

Relies on McDaniel v. Mattingly

Good law ✅— No negative treatment on recordhow we know

Decided 1880-11-15

How this case has been cited

Cited by 5 later decisions — most recently July 1965

5 state decisions

20188018901900191019201930194019501960decided

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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Woods, J.

¶1— We are ashed to reverse the judgment in this case solely on the alleged misconduct of jurors, but the affidavits concerning that misconduct are not made a part of the' record by a bill of exceptions, or by an order of the court. There is therefore no question properly presented for our decision. See McDaniel v. Mattingly, 72 Ind. 349, ■and cases cited.

¶2Judgment affirmed, with costs.

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