Watertown Bank and Loan Co. v. . Mix
New York Court of Appeals
Appeal fi'om order of the General Term of the Supreme Court in the fifth judicial district, reversing an order of Special Term setting aside a verdict in favor of defendants and granting a new trial. The motion was founded upon an alleged improper communication between the court and the jury after the latter had retired. The facts sufficiently appear in the opinion.
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Appeal fi'om order of the General Term of the Supreme Court in the fifth judicial district, reversing an order of Special Term setting aside a verdict in favor of defendants and granting a new trial. The motion was founded upon an alleged improper communication between the court and the jury after the latter had retired. The facts sufficiently appear in the opinion. No communication shall be had by the court with the jury after they have retired to deliberate on their verdict, except in open court, in the presence of the parties or their counsel. (2 Graham & Waterman on New Trials, 362;…
1Opinion of the Court
Johnson, C.
After this case had been submitted to the jury, at the Jefferson circuit, and while they were deliberating upon it, they sent, by the constable in charge of them, to Judge Mullin, who held the circuit, a written inquiry “ Avhether the witness Moffat proved positively, on cross-examination, that Hains did not leave that money on the counter.” The judge having read it, directed it to be handed to Mr. Tanner, the short-hand reporter, who had taken minutes of the evidence on the trial. Tanner looked over his minutes, on receiving the paper, and then wrote upon it, “Eo such question was…
2Cases cited2 opinions
- Taylor v. BetsfordNew York Supreme Court · 1816
- Bunn v. CroulNew York Supreme Court · 1813
3Cited by44 opinions
- Texas Midland R.R. Co. v. ByrdTexas Supreme Court · 1909
- State v. WrothWashington Supreme Court · 1896
- Commonwealth v. HouseSuperior Court of Pennsylvania · 1897
- Havenor v. StateWisconsin Supreme Court · 1905
- Chouteau v. Jupiter Iron WorksSupreme Court of Missouri · 1887
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