Page:North Dakota Reports (vol. 48).pdf/368

, , BirpDzELL, and , JJ., concur.

, C. J., concurs in the result.

REUBEN COHN, Respondent, v. NICK WYNGARDEN, Appellant.

Appeal and error—new trial—prejudicial error not presumed; error disregarded unless affecting substantial rights; misconduct of juror must be objected to at trial.

This is an action for a grave assault and battery. Defendant appeals from a judgment for $1,500 with interest and costs. While he alleges error in the conduct of a juror and in the charge of the trial court, he does not bring any evidence before the court. The verdict and the judgment is presumed to be in all respects just and righteous. As the code provides, the court must in every stage of an action disregard any error or defect in the pleadings or proceedings which does not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.

Appeal from an order and judgment of the District Court of Kidder county; Coffey, J.

Affirmed.

E. T. Burke, for appellant.

“It appears the best and highest evidence of which the case admits if we ask for stronger proof and adopt the rule of shutting the mouths of jurors we may as well close the doors of all inquiries of the case and leave them to act and decide as they please.” Smith v. Cheetham, (N.Y.)}} 3 Caines 57; Crawford v. State, 2 Yerg (Tenn.)}} 60; Wright v. Telegraph Co., 20 Iowa 195; Wright v. Inm. Telephone Co., 20 Iowa 212; Mattox v. U.S. 146 U. S. 140; 36 Law ed. line 20.