Hulett v. Hancock

Citations

• 66 Kan. 519
• 72 P. 224
• 1903 Kan. LEXIS 94

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Practice, District Court — New Trial — Misconduct of Jury. When a motion for a new trial, based upon the misconduct of the jury, is heard upon both affidavits and oral testimony, and over-' ruled, and the misconduct relied on to impeach the verdict consists of statements of matters not in evidence, made by the jurors in the jury-room while considering their verdict, to warrant a reversal it must be shown that such prejudicial statements so made were of positive facts within the knowledge, or asserted to be within the knowledge, of the juror making them, and such as the jury might receive as evidence of the fact asserted, and not as the mere expression of opinion of the juror.</p>