Rose v. Smith
New York Supreme Court
On certiorari to a Justice’s Court, the affidavit upon which the certiorari was founded, charged misconduct in ° the jury, in drinking spirituous liquors. To this part of the affidavit the justice returned, that he knew. nothing of the fact.
Read the full summary
On certiorari to a Justice’s Court, the affidavit upon which the certiorari was founded, charged misconduct in ° the jury, in drinking spirituous liquors. To this part of the affidavit the justice returned, that he knew. nothing of the fact. Whereupon, the plaintiff assigned for error, specially, that while the jury were sitting together at the trial, they-dranlt-of spirituous liquor, conveyed to,them by the defendants, without the knowledge of the plaintiff; that one qfithem became; intoxicated. And upon'issue, the jury at the circuit found,. that spirituous liquor was circulated among the…
1Opinion of the Court
Curia.
This matter comes properly before us by an assignment of error in fact, issue and verdict; upon which the application for judgment should be special. The circulation of spirituous liquor among the jury was, of itself, fatal, on error; and we have decided, that even consent of parties will not cure it. The matter really to be tried, then, was not whether the circulation of the liquor was procured or consented to by the defendants, but whether such a thing took place for any cause, no matter what. In an inferior Court, it is impossible to correct this practice by moving for a new trial,…
2Cited by9 opinions
- State v. GreerWest Virginia Supreme Court · 1883
- Snow v. HardySupreme Court of Minnesota · 1859
- Hanrahan v. AyresSuperior Court of Buffalo · 1894
- Griffen v. City of Oklahoma CityCourt of Appeals for the Tenth Circuit · 1993
- Smith v. Cayuga Lake Cement Co.Appellate Division of the Supreme Court of the State of New York · 1905
4 more not listed; retrieve them via the Exa API.