Legal Opinion

Abbott v. Hockenberger

New York County Courts

Decided May 15, 1900PublishedCited by 6 opinions

Appeal from judgment of Justice’s Court, held in the town of Webster, awarding plaintiff possession of a heifer, and costs of the action.

1Opinion of the CourtSuxheelaitd, J.

The appellant raises several objections to the proceedings in Justice’s Court, but I consider none of them tenable except the objection that after the case was submitted the justice entered the jury room, at the request of the jury, but in the absence of the appellant and without his knowledge or consent, and answered a question respecting the- effect of a verdict. The justice says in his affidavit, which is treated as a part of the return, that he was only asked if a verdict for plaintiff would carry costs, to which he replied “ Yes”; and he thereupon left the jury room.

The answer was…

2Cases cited3 opinions

  1. Taylor v. BetsfordNew York Supreme Court · 1816
  2. People v. LinzeyNew York Supreme Court · 1894
  3. High v. ChickNew York Supreme Court · 1894

3Cited by6 opinions

  1. Lorenzen v. KeenanCourt of Appeals of Texas · 1924
  2. People of State of New York v. James, New York County Courts1934
  3. Hudson v. Stearns, New York County Courts1901
  4. People v. BowersNew York County Court, Steuben County · 1908
  5. Robinson v. Woodard, New York County Courts1914

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