Brady v. American Print Works
Massachusetts Supreme Judicial Court
Complaint under the mill act, Gen. Sts. c. 149. Trial before a-sheriff’s jury, who returned a verdict for the petitioner, which verdict was certified to the Superior Court. In that court, the respondent moved to set aside the verdict, “ because the deputy in charge of said jury entered the room where they were deliberating before they had agreed and sealed up their verdict.”
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Complaint under the mill act, Gen. Sts. c. 149. Trial before a-sheriff’s jury, who returned a verdict for the petitioner, which verdict was certified to the Superior Court. In that court, the respondent moved to set aside the verdict, “ because the deputy in charge of said jury entered the room where they were deliberating before they had agreed and sealed up their verdict.” Wilkinson, J., allowed a bill of exceptions in substance as follows : It appeared that the deputy sheriff, who was left in charge of the jury, went into the room where they were, and while they were deliberating upon…
1Opinion of the Court
By the Court.
The Superior Court is authorized by statute to set aside the verdict of a sheriff’s jury for “ good cause.” Gen. Sts. c. 43, § 40 ; c. 149, §§ 13, 14. The question whether, upon the proof of the irregular and improper conduct of the officer, such an interference with the deliberations of the jury was to be inferred, as required the verdict to be set aside, was a question of fact, largely depending upon the credit given to witnesses, and addressed exclusively to the discretion of the presiding judge; and the exercise of that discretion, not appearing to have involved any ruling in…
2Cases cited1 opinion
- Stetson v. Inhabitants of MedfordMassachusetts Supreme Judicial Court · 1872
3Cited by4 opinions
- Nichols v. NicholsMassachusetts Supreme Judicial Court · 1884
- Hill v. GreenwoodMassachusetts Supreme Judicial Court · 1893
- Wamesit Power Co. v. Lowell & Andover RailroadMassachusetts Supreme Judicial Court · 1881
- Foss v. AtkinsMassachusetts Supreme Judicial Court · 1911