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Elbert v. Hoby

Elbert v. Hoby, 73 Ind. 111 (1880)
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Court
Indiana Supreme Court · State Highest Courts
Decided
November 15, 1880
Docket
No. 6834
Judges
Woods
Citations
73 Ind. 111
Headnotes
Practice. — Misconduct of Juror. — Bill of Exceptions. — Supreme Court.— Affidavits concerning alleged misconduct of jurors must be made a part of the record by a bill of exceptions or order of court, to present any question thereon in the Supreme Court.
Summary
From the Hamilton Circuit Court.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Woods

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Woods, J.

— We are ashed to reverse the judgment in this case solely on the alleged misconduct of jurors, but the affidavits concerning that misconduct are not made a part of the' record by a bill of exceptions, or by an order of the court. There is therefore no question properly presented for our decision. See McDaniel v. Mattingly, 72 Ind. 349 , ■and cases cited.

Judgment affirmed, with costs.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1881–1882: 21893–1894: 21965–1966: 118812026peak 1881 · 2

Relies on it most ⓘ

  1. Greenwalt v. State209 N.E.2d 254 (Ind. 1965)
  2. Rains v. State36 N.E. 532 (Ind. 1894)
  3. Lake Erie & Western Railroad v. Arnold34 N.E. 742 (Ind. Ct. App. 1893)
  4. Wood v. Crane75 Ind. 207 (1881)
  5. Zehner v. Aultman74 Ind. 24 (1881)

Most recent

  1. Greenwalt v. State209 N.E.2d 254 (Ind. 1965)
  2. Rains v. State36 N.E. 532 (Ind. 1894)
  3. Lake Erie & Western Railroad v. Arnold34 N.E. 742 (Ind. Ct. App. 1893)
  4. Zehner v. Aultman74 Ind. 24 (1881)
  5. Wood v. Crane75 Ind. 207 (1881)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
McDaniel v. Mattingly, 72 Ind. 349 (1880) 9

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