Parker v. Blackwelder

Guernsey Circuit Court

Parker v. Blackwelder

3 Ohio Cir. Dec. 700, 7 Ohio C.C. 140

DecidedDecember 15, 1892

StatusPublished

This text of 3 Ohio Cir. Dec. 700 (Parker v. Blackwelder) is published on Counsel Stack Legal Research, covering Guernsey Circuit Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Parker v. Blackwelder, 3 Ohio Cir. Dec. 700, 7 Ohio C.C. 140 (Ohio Super. Ct. 1892).

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Opinion

WOODBURY, J.

The common pleas' did not err. Affidavits of jurors cannot be received after • verdict to impeach the same unless evidence aliunde is first offered; and the affidavit of the attorney did not constitute such a showing aliunde, because it simply contained a statement at second hand of what the juror himself testified to in his own affidavit, and the juror’s affidavit itself being incompetent, secondary proof of its statements would be likewise incompetent. The court cited Hulet v. Barnett, 10 O., 460; Farrer v. State, 2 O. S., 54; Kent v. State, 42 O. S., 426.

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WOODBURY, J.

The common pleas' did not err. Affidavits of jurors cannot be received after • verdict to impeach the same unless evidence aliunde is first offered; and the affidavit of the attorney did not constitute such a showing aliunde, because it simply contained a statement at second hand of what the juror himself testified to in his own affidavit, and the juror’s affidavit itself being incompetent, secondary proof of its statements would be likewise incompetent. The court cited Hulet v. Barnett, 10 O., 460; Farrer v. State, 2 O. S., 54; Kent v. State, 42 O. S., 426.

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3 Ohio Cir. Dec. 700, 7 Ohio C.C. 140, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parker-v-blackwelder-ohcirctguernsey-1892.

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