Herron v. Bondurant & Todd

Citations

• 45 Miss. 683

Syllabus

<p>1. New trial—when granted upon the pacts.—This court will set aside tbe verdict of a jury which, upon a review of the testimony, is found to be manifestly wrong, where the circuit court refused a new trial and a bill of exceptions embodying all the evidence was tendered.</p> <p>2. Evidence—declarations incompetent, when.—Declarations and representations made against the interest of a party, in his absence, and without his authority, knowledge or sanction, are not binding on him, and cannot affect his interest.</p> <p>3. Case in judgment. — In this case the verdict was set aside upon a review of the evidence.</p> <p>■ 4. Veedici — coeeection oe, by ciecuit couet. — To correct or change in any manner the verdict of a jury, as the result of interrogating them on presentation of their verdict, is a power, which should be exercised by a circuit court with the greatest caution, and only in the clearest cases, when no possible question of the propriety or regularity of such proceeding can be raised.</p>