Legal Opinion

Magoohan v. Curran

Supreme Court of Connecticut

Decided March 9, 1899PublishedCited by 9 opinions

Action to recover a balance of $3,500 claimed to be due for work and labor, brought to the Superior Court in New Haven County and. tried to the jury before George W. Wheeler, J.; verdict and judgment for the plaintiff for $160 only, and appeal by him for alleged errors in the rulings and charge of the court. The defendant is the administrator on the estate of Charles McKiernan, deceased.

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Action to recover a balance of $3,500 claimed to be due for work and labor, brought to the Superior Court in New Haven County and. tried to the jury before George W. Wheeler, J.; verdict and judgment for the plaintiff for $160 only, and appeal by him for alleged errors in the rulings and charge of the court. The defendant is the administrator on the estate of Charles McKiernan, deceased. The plaintiff, in his complaint, alleges that there is due him from the estate of the said McKiernan the sum of $3,497.85, being the balance due for work and labor done by him for the said McKiernan in his…

1Opinion of the CourtAndrews, C. J.

We think there was no error in overruling the motion in arrest. It may sometimes be necessary, or at least desirable, that the proposed verdict of a jury should be made known only to the judge, until he decides to accept it. Such instances must be governed almost entirely by the discretion of the presiding judge. We are very strongly impressed, however, with the conviction that in all ordinary civil cases it would be the better procedure for the proposed verdict, when handed by the foreman of the jury to the clerk, to be read audibly by him. In the case of Watertown Had. Society's Appeal, 46…

2Cases cited2 opinions

  1. Scholfield Gear & Pulley Co. v. ScholfieldSupreme Court of Connecticut · 1898
  2. Watertown Ecclesiastical Society's Appeal from ProbateSupreme Court of Connecticut · 1878

3Cited by9 opinions

  1. Lentine v. McAvoySupreme Court of Connecticut · 1927
  2. Intelisano v. GreenwellSupreme Court of Connecticut · 1967
  3. Ferris v. Hotel Pick Arms, Inc.Supreme Court of Connecticut · 1959
  4. Gillette v. SchroederSupreme Court of Connecticut · 1947
  5. People v. FearonNew York Court of Appeals · 1963

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