Munde v. Lambie
Massachusetts Supreme Judicial Court
Contract. After the decision reported 122 Mass. 336, a second trial was had in the Superior Court, resulting in a verdict for the plaintiff, which the defendants moved to set aside, because the jury carried out with them, into the jury room, and kept there during their deliberations, the bill of exceptions, drafted by the plaintiff’s counsel and allowed by the court after the first trial and verdict for the defendants, which was read by the jury or in their hearing during…
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Contract. After the decision reported 122 Mass. 336, a second trial was had in the Superior Court, resulting in a verdict for the plaintiff, which the defendants moved to set aside, because the jury carried out with them, into the jury room, and kept there during their deliberations, the bill of exceptions, drafted by the plaintiff’s counsel and allowed by the court after the first trial and verdict for the defendants, which was read by the jury or in their hearing during such deliberations. The motion was overruled by Allen, J., who allowed a bill of exceptions, stating the facts that…
1Opinion of the CourtGray, C. J.
The bill of exceptions tendered by the plaintiff and allowed by the judge at the first trial was not competent evidence to be laid before the jury at the second trial: As the statements therein were material to the issue and may have prejudiced the defendants, it was not neee'ssary to show misconduct on the part of the plaintiff in bringing the paper before the jury. The refusal of the judge, at the hearing of the motion to set %side the last verdict, to rule, as requested by the defendants, that, if he was satisfied that the paper was in the jury room and was read by the jury or any of them…
2Cases cited1 opinion
- Whitney v. WhitmanMassachusetts Supreme Judicial Court · 1809
3Cited by7 opinions
- Long v. GeorgeMassachusetts Supreme Judicial Court · 1937
- Commonwealth v. MillenMassachusetts Supreme Judicial Court · 1935
- Commonwealth v. MorrisonMassachusetts Supreme Judicial Court · 1883
- Mason v. KnoxSupreme Court of New Hampshire · 1891
- La Bonty v. LundgrenNebraska Supreme Court · 1894
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