Niccolls v. Foster

Citations

• 89 Ill. 386

Syllabus

<p>1. Practice—allowing improper memorandum to go to jury. Where a plaintiff allows a receipt given by him to go to the jury with a memorandum written on its back in the handwriting of the defendant, which may have influenced the jury, and which he might have discovered, and obviated its effect by instruction, the improper evidence will afford no ground for a reversal, as being admitted through his want of proper care.</p> <p>2. Impeaching verdict—affidavit of jurors. The affidavits of jurors and affidavits of their statements are not competent to show what the jury thought and did in their retirement in arriving at their verdict.</p>