Cottle v. Cottle

Citation6 Me. 140
PartiesCOTTLE v. COTTLE
Decision Date01 June 1829
CourtSupreme Judicial Court of Maine (US)

A verdict in this action having been rendered for the plaintiff, the defendant moved the court to set it aside, for causes which are sufficiently apparent in the opinion of the Court, which was delivered by

New trial granted.

R. Williams, for the plaintiff.

W. W. Fuller, for the defendant.

OPINION

WESTON, J.

The party obtaining a verdict in this case, did, during the session of the court at which his action was tried, carry one of the jury to whom his cause was submitted, knowing him to be a juror, several miles in a sleigh to the house of a friend of the party, where the juror was gratuitously provided with refreshment and lodging. Whether furnished at the party's own house, or at the house of another by his procurement, either as an act of hospitality, or for a pecuniary compensation to be paid by the party, it is equally exceptionable. This is by statute made a sufficient reason, at the discretion of the court, to set aside the verdict. Stat. 1821, ch. 84, sec. 15. There is no doubt also that at common law, independent of the statute, it would afford just ground for the interposition of the court. There is too much reason to believe that the party intended to practice with the juror. He sought his society, and attempted to impress his mind with the justice of his claim. It is insisted that the juror was not in fact influenced, and that justice has been done between the parties. It may be so; but it may be useful to the party to learn that a good cause may be injured, but cannot be promoted, by conduct of this sort, and to the public generally, to know that it will be tolerated in no case whatever.

New trial granted.

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6 cases
  • Stockgrowers' Bank of Wheatland v. Gray
    • United States
    • Wyoming Supreme Court
    • February 5, 1916
    ...62; Wright v. Eastlick, (Cal.) 58 P. 87; Stafford v. Oskaloosa, (Ia.) 11 N.W. 668; Harvester Co. v. Hodge, 6 Pa. Dist. R. 378; Cottle v. Cottle, 6 Me. 140; Doud Guthrie, 13 Ill.App. 653; McDaniels v. McDaniels, 40 Vt. 374.) The court erred in giving instruction No. 10; defendant was under n......
  • Palmer v. Utah And North Railway Company
    • United States
    • Idaho Supreme Court
    • February 23, 1887
    ...so that the verdict, when rendered, may be entitled to the respect of both parties, and the confidence of the court." In Cottle v. Cottle, 6 Me. 140, 19 Am. Dec. 200, in Hayne on New Trial and Appeal, section 48, the court says: "In case of an alleged attempt to influence a jury, it may be ......
  • Garvin v. Harrell
    • United States
    • Oklahoma Supreme Court
    • November 16, 1910
    ...that his attorneys and agents do the same." ¶15 The Supreme Court of Maine, in an opinion delivered nearly one hundred years ago, Cottle v. Cottle, 6 Me. 140, dealing with this question, which arose by the successful party taking one of the jurors several miles in his (the party's) sleigh t......
  • Lynch v. Kleindolph
    • United States
    • Iowa Supreme Court
    • November 15, 1927
    ... ... keep the jury system free from suspicion, we cite, among ... many, the following cases: Cottle v. Cottle, 6 Me ... 140, where it is said: ...          "The ... party obtaining a verdict in this case did, during the ... session of ... ...
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