Alley v. . Hampton

13 N.C. 11

• Court: Supreme Court of North Carolina
• Decided: December 5, 1828
• Status: Published

Opinion

Hall, Judge.

Where the Jury have found a verdict against evidence, this Court has not power to set it aside. That can only be done by the Judge in the Court below. jt appearg that when the Jury first came in with a verdict, they had not finally made it up from the evidence which they had heard. The Court sent them back, and told them such a verdict could not be received; as it did not finally settle the question. There appears to be nothing objectionable in this. It is not proper to read the affidavit of the Juror. If it was, it would only prove that the Jury had been balancing upon the testimony of Jones, one of the witnesses.

Per Curiam. — Let the judgment be affirmed.