Rogers v. Moulthrop
New York Supreme Court
Error from the Jefferson common pleas. Moulthrop sued Rogers in a justice’s court, and the issue joined between them was tried by a jury. After the proofs was closed, a constable was sworn to take charge of the jury, who were left in the office of the justice to deliberate upon their verdict. After remaining together some time, they requested the justice to come to the office and give them some instructions upon the law of the case.
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Error from the Jefferson common pleas. Moulthrop sued Rogers in a justice’s court, and the issue joined between them was tried by a jury. After the proofs was closed, a constable was sworn to take charge of the jury, who were left in the office of the justice to deliberate upon their verdict. After remaining together some time, they requested the justice to come to the office and give them some instructions upon the law of the case. The counsel for the defendant was present when the message was delivered, arid was requested by the justice to go with him to the jury, which he refused to do,…
1Opinion of the Court
By the Court,
Sutherland, J.
What the point of law was which the jury wished information upon, or what instructions were given them by means of the reference to the treatise of Mr. Co wen, does not appear. We are to presume, .the contrary not appearing, that they were not misdirected. The *275case then stands precisely as though the jury had come into court and asked for further instructions, and the justice had sent for the parties and their counsel, for the purpose of being present and hearing the additional charge which he was about to deliver, and one of the parties had refused to come into…
2Cited by6 opinions
- Moody v. PomeroyNew York Supreme Court · 1847
- Plunkett v. AppletonThe Superior Court of New York City · 1876
- Lasher v. Curry, New York County Courts1901
- Keeler v. LockwoodNew York Supreme Court · 1843
- Mahoney v. DeckerNew York Supreme Court · 1879
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