3 Iowa 484 | Iowa | 1856
It was held, in the case of Stewart v. Ewbank, Ante, 191, that the decision of the District Court in granting or refusing a new trial, might be reviewed in this court. In that case, the order granting a new trial by the court below, was reversed, and the cause remanded, with directions to the court below, to enter judgment on the verdict. Such orders, depending as they do, in many instances, upon the discretion of the court trying the cause, should be reviewed with great caution, but the power to review is fully recognized by the foregoing casé, as well as many others therein cited. The question in this case, then is, whether this discretion was properly exercised ? And this depends
The Code recognizes the right of a party to have the jury polled, at the time the verdict is rendered. And so any juror might then state, without inquiry, that he did not consent to such verdict. But when he leaves the box, he should no