Oliver v. Trustees of First Presbyterian Church
New York Supreme Court
This cause having been submitted to the jury at the last Otsego circuit, they retired under the sworn charge of the constable. It being late in the evening when they retired, they had liberty from the court (by consent of parties,) to seal their verdict and disperse, rendering it the next morning.
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This cause having been submitted to the jury at the last Otsego circuit, they retired under the sworn charge of the constable. It being late in the evening when they retired, they had liberty from the court (by consent of parties,) to seal their verdict and disperse, rendering it the next morning. They accordingly told the constable they had agreed, dispersed ; the next morning delivered a paper purporting to contain their verdict; which was, on opening it, found to contain these words : “ The jurors, after due deliberation, do not agree.” Signed by all the jurors. Before the jury…
1Opinion of the Court
Curia.
In the cases cited of verdicts sustained notwithstanding the separation of the jury, there was no sus*284picion of abuse; and, indeed, it appeared affirmatively, that there was nothing that followed the separation, which could he injurious to the party seeking to get rid of the verdiet. The present case is far different. After practicing a fraud on the constable, several of the jurors are found in a public bar-room, where the subject of the suit was much talked of in their presence ; and it is not pretended that they did not listen to the conversation ; and might not have been influenced by…
2Cited by7 opinions
- Ætna Insurance Co. v. GrubeSupreme Court of Minnesota · 1861
- Yale v. Gwinits & CaslerNew York Supreme Court · 1849
- Rippley v. FrazerNew York Supreme Court · 1910
- Clews v. BainbridgeNew York Supreme Court · 1873
- Tifield v. AdamsSupreme Court of Iowa · 1856
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