Davis v. Searcy

Citations

• 79 Miss. 292

Syllabus

<p>1. Jukoks. Impartiality. Relationship to parly.</p> <p>If a member of a jury returning a verdict be related to the party in whose favor it is given, and the relationship be unknown to, and intentionally concealed by the juror from the other party until after verdict, a new trial should be granted.</p> <p>3. Juey Tbial. Verdict. Condition.</p> <p>The verdict of a jury should be unconditional; and a verdict in these words: “We, the jury, find for the defendant and assess the costs of court equally between the plaintiff and defendant; it is our wish that if this verdict will not stand, to enter a mistrial,” is invalid, and will not support a judgment for defendant with all costs.</p> <p>3. Pbomissoby Note. Non est factum. Fraud. Instruction.</p> <p>In a suit upon a promissory note to which the only plea is non est factum, in the absence of all evidence of fraud in procuring defendant’s signature, it is error to instruct the jury that the defendant is not liable although he signed the note if his signature was obtained by fraud.</p>