Opinion
December Term, 1805.
The court will not grant a new trial upon an affidavit of one of the jurors, that he did not assent to the verdict.
THE plaintiffs brought an action of debt against defendants, upon a bond given on 17 February, 1777, by defendant's testator, for £ 200, money of North Carolina, payable on 7 February next ensuing. A verdict was rendered for the plaintiff, and upon motion of defendant's counsel a rule was obtained upon the plaintiff to show cause why a new trial should not be granted, upon the ground that one of the jury who tried the cause had not assented to the verdict; and the affidavit of the juror was offered to the court, setting forth that he did not consent to the verdict; that he thought the money mentioned in the bond ought to have been scaled according to the scale of depreciation, and that the full value called for in the bond ought not to have been given.
(94) From Wilmington.
Applications like the present for new trials have always been rejected. Were they to be listened to by the court, they would open a door for much corruption. The rule for a new trial must therefore be discharged.