Burns v. Paine

Decided July 1, 1852

Texas Supreme Court · decided 1852-07-01

Error from Titns. The appellant moved the court below for a new trial, and in support thereof adduced the affidavit of one of the jurors that the jury, without tlie permission of the court, and after the case had been submitted to them, on the evening- of the same day dispersed and went to their homes and did not re-assemble until next morning.

Good law ✅— No negative treatment on recordhow we know

Decided 1852-07-01

How this case has been cited

Cited by 3 later decisions — most recently November 1938

3 state decisions

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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Lipscomb, J.

¶1The only error relied on b3r the plaintiff in error is the overruling' his motion in the court below for a new trial, and the only ground on which he supposes a new trial ong-ht to have been granted is the irregularity of the jury, as shown by the affidavit of one of their body. The facts disclosed by the affidavit, even if it had been proper to have received it, show nothing from which it would appear or reasonably be presumed that an improper influence had been exerted in the formation of their verdict.

¶2Judgment affirmed.