135 Iowa 290 | Iowa | 1907
The petition of the plaintiff declares upon a promissory note alleged to have been executed by the
A ground of the motion for new trial was alleged misconduct by the jury. This claim is based on the affidavit of one juror to the effect that, during their deliberations upon their verdict, some of the jurors told the rest of the panel of certain forgeries committed by Catón, the payee of the note in suit; also, that during their deliberations the presiding judge was called to the jury room, and was asked several questions by one of the jurors, the nature of which the affiant was unable to state, and thát said judge did not answer said questions nor instruct the jury in writing as to the law thereon. Another juror made affidavit that, during the pendency of the trial, one or more of said jurors engaged in playing cards with the defendant and others at the hotel. On the other hand, two of the jurors malee affidavit that they heard no mention of the charges-against Catón; that almost immediately after retiring to- the jury room a ballot revealed the finding of eleven jurors in favor of defendant; and-that at no time did their balloting show less than ten jurors holding to that conclusion. It is also shown by Counter affidavit that the game of cards referred to was a social game of “ pedro,” joined in by six persons, and that at no time was reference of any kind made to the lawsuit by the defendant or the juror, or by any other person in the company.
We find no reversible error in the record, and the judgment of the district court is affirmed.