Legal Opinion

Neil v. Abel

New York Supreme Court

Decided May 15, 1840PublishedCited by 8 opinions

Error from the Tompkins common pleas. Neil sued Abel Annas, before a justice, upon contract, and on a trial by jury, recovered $25, and costs.

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Error from the Tompkins common pleas. Neil sued Abel Annas, before a justice, upon contract, and on a trial by jury, recovered $25, and costs. On, certiorari, from the common pleas, the justice returned, among other things, *that after the jury had retired under [ *186 ] the charge of a constable, to deliberate on their verdict, and had been out some time, the constable attending them came to him and requested that the jury might have the minutes of the trial which had been kept by him, (the justice,) saying it was the request of the jury, whereupon the justice, without consulting the…

1Opinion of the Court

By the Court,

Bronson, J.

It has always been the policy of the law to watch over the deliberations of the jury with great care, and scrupulously to guard them against any extraneous influences. Many of the cases on this subject are collected in Trials per pais, 247, ch. 12, Co. Litt. 227, (b) and Cowen’s Treatise, 541, 543.

In general, the jurors cannot take with them, when they retire to deliberate, any thing but records and sealed instruments, without the consent of parties. But if they take an unsealed paper without reading it, that will not avoid the verdict. Hacklie v. Hastie, 3 Johns. R.…

2Cited by8 opinions

  1. Schmittler v. . SimonNew York Court of Appeals · 1886
  2. McLaughlin v. WinnerWisconsin Supreme Court · 1885
  3. Seip v. DrachSupreme Court of Pennsylvania · 1850
  4. Dwane v. MillerCity of New York Municipal Court · 1915
  5. Pugsley v. AikinNew York Supreme Court · 1852

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