Rothwell v. Elliott

Superior Court of Delaware

Rothwell v. Elliott

16 Del. 151

DecidedNovember 15, 1895

StatusPublished

This text of 16 Del. 151 (Rothwell v. Elliott) is published on Counsel Stack Legal Research, covering Superior Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Rothwell v. Elliott, 16 Del. 151 (Del. Ct. App. 1895).

Pincite

Opinion

Lore, C. J.,

delivered the opinion of the Court.

The application for new trial is refused, on the ground that there is no averment in the affidavit at all that the words spoken by counsel in any wise influenced the jury. On the contrary, it is distinctly stated in the affidavit that it was simply “ calculated ” to influence the mind of the jury; and under the well settled decisions in this State governing new trials, the motion for a new trial made in this case is refused and the rule is discharged.

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Lore, C. J.,

delivered the opinion of the Court.

The application for new trial is refused, on the ground that there is no averment in the affidavit at all that the words spoken by counsel in any wise influenced the jury. On the contrary, it is distinctly stated in the affidavit that it was simply “ calculated ” to influence the mind of the jury; and under the well settled decisions in this State governing new trials, the motion for a new trial made in this case is refused and the rule is discharged.

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Bluebook (online)

16 Del. 151, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rothwell-v-elliott-delsuperct-1895.