Vanmeter v. Kitzmlller

Decision Date31 July 1872
CourtWest Virginia Supreme Court
PartiesWilliam C. Vanmeter.. v. Ebenezer Kitzmlller.

A case in which there was misconduct upon the part of a juror. The misconduct consisted in the juror asking, after the case had been submitted to them and they had retired to consult of their verdict, one of the witnesses whethar he had not made certain statements on the witness stand.

This was a trial of the right of property, under a suspending bond, between Ebenezer Kitzmiller and William C. Vanmeter, in the circuit court of Mineral county, in 1870.

A verdict was found on behalf of Kitzmilier, and a motion was made for a new trial by Vanmeter.

It appears that the jury disagreed among themselves as to a statement made by a witness, ten of them insisting on a certain statement and the other two on a different one. Vanmeter among others, filed the following affidavit of J. 0. Hull:

" That he was acting as deputy sheriff at the March term of the circuit court of Mineral county; that he had a conversation with Simon Umstot, one of the jurymen in the case of William C. Vanmeter vs. Ebenezer Kitzmilier, as follows: When court had adjourned for dinner, as I was going to the railroad, I met Simon Umstot between the court house and the railroad. He called me to one side, and said he wanted to ask me a question. I told him I would listen to him, and he said, ' Didn't you say, in giving in your evidence, that Peerce said that he could do as he pleased with his property on his own premises?' I refused to answer him. I told him, "Don't you know the court instructs you to have nothing to say to any person outside of your own jury? He then said it made no difference; that he was one of the jurors and I was a witness; and he said, I understood you to say that Peerce said that he would do as he pleased with his property on his own premises.' I replied, ' That is what I said.' This is all the conversation I had with him."

The court refused the motion for a new trial, and Vanmeter appealed.

White & Boggess for plaintiff in error. Allison & Regnolds for defendant in error.

Moore, J. The case of Ball vs. The Commonwealth, 14 Gratt., 626, is conclusive of the impropriety of setting aside a verdict and granting a new trial upon the affidavits of jurors. But in this case the affi davit of Hull, who was not a juror, clearly shows misconduct on the part of one of the jurors in approaching said Hull and asking the question he did. The answer given to the repeated...

To continue reading

Request your trial
12 cases
  • State v. Scotchel
    • United States
    • West Virginia Supreme Court
    • 15 Diciembre 1981
    ...that the jury verdict could not ordinarily be impeached was acknowledged: "In West Virginia this rule has been often followed. Vanmeter v. Kitzmiller, 5 W.Va. 380; Reynolds v. Tompkins, 23 W.Va. 229; State v. Cobbs, 40 W.Va. 718, 22 S.E. 310; Chesapeake & O. R. Co. v. Patton, 9 W.Va. 648; B......
  • Pickens v. Coal River Boom & Timber Co
    • United States
    • West Virginia Supreme Court
    • 25 Abril 1905
    ...96 Va. 823, 32 S. E. 466—are some of the cases stating this rule. In West Virginia this rule has been often followed. Vanmeter v. Kitzmiller, 5 W. Va. 380; Reynolds v. Tompkins, 23 W. Va. 229; State v. Cobbs, 40 W. Va. 718, 22 S. E. 310; Chesapeake & O. R. Co. v. Pat-ton, 9 W. Va. 648; Bart......
  • Curran v. Owens
    • United States
    • West Virginia Supreme Court
    • 10 Mayo 1879
    ...441; 2 W. Black. 1299; 1 T. R. 11; 1 H. & M. 385; 1 Rand. 39; 11 Leigh 633; 1 R. of R. 756; 6 Gratt. 219; Id. 287; 14 Gratt. 626, 633; 5 W.Va. 380; Id. 582; 12 How. 366; 6 Leigh 617; 1 Strange 642; 3 Curries 56; Breese 6; 2 Yerg. 60; 4 Humph. 289; 2 Ohio N. S. 54; 7 Clark 90. Davenport & Do......
  • Dower v. Church
    • United States
    • West Virginia Supreme Court
    • 2 Diciembre 1882
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT