Tower v. Hewett
New York Supreme Court
IN ERROR, on certiorari, from a justice’s court. Hewett brought an action against Tower, before- a justice of the peace. for woo¿ sold and delivered. The defendant admitted the delivery of the wood, but set up an agreement that it was to be paid for in whiskey, at his distillery; and that the whiskey had never been demanded by the plaintiff. The cause was tried by a iUI-y.
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IN ERROR, on certiorari, from a justice’s court. Hewett brought an action against Tower, before- a justice of the peace. for woo¿ sold and delivered. The defendant admitted the delivery of the wood, but set up an agreement that it was to be paid for in whiskey, at his distillery; and that the whiskey had never been demanded by the plaintiff. The cause was tried by a iUI-y. After the evidence was closed, there being no constable present, it was agreed by the parties that the jury mighl retire to consider of their verdict, without a constable to attend them. After being out some time, the jury…
1Per curiam
The consent of the parties that the jury might retire, without any constable to attend them, was a waiver of the irregularity complained of in their conduct. The parties, by their agreement, took from the magistrate the power, which he would otherwise have had, of enforcing a private deliberation of the jury, and of preventing their obtaining refreshment.
It is not certain, from the justice’s return, whether the ver. diet and judgment were given on Sunday morning or not. The fact ought to be made explicitly and clearly to appear, to justify a reversal of the judgment on that ground. The…
2Cited by2 opinions
- Cahill v. Delaney, New York County Courts1901
- Goodrich v. SullivanNew York Supreme Court · 1873