Guntzer v. Healy
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Josephine Guntzer, as administratrix, etc., from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 19th day of December, 1916, appointing a referee to take the testimony of the jurors on a motion to vacate a judgment and set aside the verdict.
1Opinion of the Court
Page, J.:
On the trial of the case, after the case had been submitted to the jury, the foreman on leaving the jury box inquired if he *544could have those papers, referring to a deposition of the plaintiff to which were attached certain affidavits and exhibits, some of which were not in evidence and also which contained testimony which had been excluded at the trial on the objection of the defendants’ attorney. The plaintiff’s attorney thereupon, without the permission of the court and without the knowledge or consent of the defendants’ attorney, handed the papers to the foreman who carried them…
2Cases cited4 opinions
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