2 Aik. 386 | Vt. | 1827
The opinion of the Court was pronounced by
This case came before the Court, at the last-term, on exceptions to a report, returned by former auditors in favour of the defendant. That report having been set aside, and new auditors appointed, a report is now returned for the plaintiffs, to which the defendant has taken two exceptions, on which we are called to decide.
1, The first exception is, that the auditors refused to permit the defendant to testify, that the goods, charged in the plaintiffs’ account, were received by him in payment of a debt
2. The second exception is, that Mr. Granger, one of the auditors, had given an opinion upon the matter in controversy, previous to his appointment, unfavourable to the defendant, which was unknown to the defendant at the time of his appointment. Where a juror has formed and expressed an opinion upon the merits of a case, it is held to be a good ground to set aside the verdict, if unknown to the party before the jury was impannelled, unless it appears to have been formed under such circumstances as not to have affected the verdict. The same doctrine will probably hold, to a certain extent at least, with respect to auditors; and if Mr, Granger had formed an opinion upon the merits of the case, as it would have been a good ground of objection to his appointment, if known, it would seem, in reason and principle, to be a sufficient cause for setting aside the report, if it was unknown. But it appears that the opinion expressed by him, was not as to the facts existing
Report set aside.