Smith v. Jones

Grice, Justice.

The first special ground of the motion for new trial is based on the fact that at the time of the rendition of the verdict the presiding judge was not in the court-room, he being in his chambers on another floor of the court-house. After the jury had retired and the judge had left the bench, counsel for both parties were sitting in the anteroom, when the bailiff in charge made a statement that he understood the jury were ready to return a verdict. The bailiff called the judge on the telephone, and counsel for both parties came into the court-room preparatory to seeing the…