Barfield v. Mollino

Mullino sued Barfield in a justice’s court, upon an account. Upon the trial the evidence was conflicting, and the jury trying the case returned a verdict in favor of the plaintiff. The defendant filed a petition for certiorari, complaining, among other things, of the refusal of the justice to declare a mistrial in the case. It appears from the record, that after the jury had retired to consider the case the hour arrived for the court to take the noon recess, and the court instructed the bailiff, without the knowledge or consent of the defendant or his counsel, that in case the jury agreed…