Murphy v. Murphy

Citations

• 1 S.D. 316
• 9 L.R.A. 820
• 47 N.W. 142
• 1890 S.D. LEXIS 36

Syllabus

<p>1. It has boon settled upon sound considerations of public policy that the testimony of jurors is inadmissible in support of a motion to set aside a verdict on the ground of mistake, irregularity, or misconduct of the jury, or of some one or more of the panel.</p> <p>2. The only exceptions to this rule are those in which the legislature has by express enactment authorized such attack upon the verdict by those rendering it.</p> <p>3. From the mere fact that a grandson lived with, and made his home with, a grandfather before hebeoame of age, and rendered him service, the law will not imply any contract to pay therefor.</p> <p>4. The evidence of a contract to pay in such a case must be positive and direct. It must bo such as will warrant a jury in finding thal there was an express agreement to that effect.</p> <p>5. Where instructions are given, stating positively that, when a grandson lives with and works for a grandfather, the relation of parent and child exists, it is error to charge the jury that the grandson can recover the value of such services upon an implied contract.</p> <p>(Syllabus by the court.</p>