Misconduct

Unlawful behavior by a person intrusted in any degree with the administration of Justice, by which the rights of the parties and the justice of the case may have been affected. A verdict will be set aside when any of the Jury have been guilty of such misconduct: and a court will set aside an award if It has been obtained by the misconduct of an arbitrator; 2 Atk. 501, 504; 2 Chltt Bail. 44; 1 Salk. 71; 3 P. Wms. 362; 1 Dick. 66.

See Kansas City M. & B. R. Co. v. Phillips, 98 Ala. 159, 13 South. 66; Wood River Bank V. Dodge, 36 Neb. 708, 55 N. W. 234.

Under a statute having reference to a divorce dissolving the marriage contract because of the misconduct of the wife, it relates to adultery; Van Cleaf v. Burns, 133 N. Y. 640, 30 N. E. 661, 16 L. R. A. 542. See New Trial..'miscontinuance. In Practice. A con- ‘tinuance of a suit by undue process. Its effect is the same as a discontinuance.

2 Hawk. PI. Cr. 299; Jenk. Cent. Cas. 67.