Williams v. Montgomery — 60 N.Y. 648

Majority

p. 648

Thomas D. Williams, Appellant, v. John C. Montgome r y , Respondent.

(Argued April 13, 1875;

decided April 27, 1875.)

Headnote

This was an appeal from a Glen eral Term order affirming an order of Special Term, which denied a motion on the part of plaintiff for a new trial.

The motion was made upon affidavits, among the'm affidavits of jurors, and upon the grounds of misconduct of the defendant and others interested with him, in conversing with the jurors, of misconduct of the jurors, and of the constable having them in charge.

The court dismissed the appeal, reaffirming the principle that jurors cannot be heard by affidavits or otherwise to impeach their verdict. (Goster v. Merest, 3 Brod. & Bing., 272; Glum v. Smith, 5 Hill, 560 .)

Also, that applications to set aside verdicts, reports of referees or judgments, for matters in pais, dehors the record, are addressed to the discretion of the court of original jurisdiction, and orders made granting or refusing such applications are not reviewable in thjs court. (Code, § 11, sub. 4; Foot v. Lathrop, 41 N. Y., 358 ; Garrington v. Florida B. B. Go.,2 Alb. Law Journal, 344; 52 N. Y., 583 ; Gray v.

p. 649

Fislce, 53 id., 630 ; Livermore y. Bainbridge, 56 id., 72; King v. Platt, 34 How., 26 ; 27 N. Y., 155 ; Lawrence v. ATy, 38 id., 42; Watertown Bk. v. Jfe, 51 id., 558.)

N. C. Marvin for the appellant.

W. H. Johnson for the respondent.

reads for dismissal of appeal.

All concur; Miller, J., not sitting.

Appeal dismissed.