Durfee v. Eveland
New York Supreme Court
This was an action of dssunlpsit, commenced before a justice of the peace; where the plaintiff recovered. The judgment was removed by certiorari, to the Wyoming county court and reversed. The defendant in error in the latter Court, the plaintiff before the justice, appealed to this court. It appeared by the return of the justice that the jury, during their deliberations, had the minutes of testimony taken on the trial by the plaintiff’s counsel.
Read the full summary
This was an action of dssunlpsit, commenced before a justice of the peace; where the plaintiff recovered. The judgment was removed by certiorari, to the Wyoming county court and reversed. The defendant in error in the latter Court, the plaintiff before the justice, appealed to this court. It appeared by the return of the justice that the jury, during their deliberations, had the minutes of testimony taken on the trial by the plaintiff’s counsel. This, among others, was urged as a reason for affirming the judgment of the county court.
1Opinion of the Court
By the Court, Sill, J.
The justice’s return does not disclose any error or irregularity on the trial, sufficient to reverse his judgment; except the fact that the jury, during their deliberations, had the minutes of the testimony, which were taken by the plaintiff’s counsel on the trial. The affidavit upon which the certiorari was allowed, it is evident, was not as fully and directly answered on this point by the return, as it should have been; for we find by the record that the justice was ordered to amend it in this respect and others. The amended return is not as full as might have been…
2Cited by2 opinions
- Fowler v. Board Of Education Of Lincoln CountyCourt of Appeals for the Sixth Circuit · 1987
- Hewitt v. MorrisThe Superior Court of New York City · 1874