Andrews v. Tinsley
Supreme Court of Georgia
Assumpsit, &c. in Clay Superior Court. Tried before-Judge Perkins, September Term, 1855. This was an action for damages for breach of contract, for ■ the purchase of cotton.
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Assumpsit, &c. in Clay Superior Court. Tried before-Judge Perkins, September Term, 1855. This was an action for damages for breach of contract, for ■ the purchase of cotton. The Jury returned a verdict for the-plaintiff; whereupon, defendant moved for a new trial, on various grounds; all of which were over-ruled but one, viz: “That the Jury sent for the depositions of two of the witnesses, and read them in the Jury room)” On this ground, the Court granted a new trial; and this decision is assigned as error by G. Andrews.
1Opinion of the Court
By the Court.
McDonald, J.
delivering the opinion..
After the Jury who tried this cause were charged with it,, and had retired to their room, they sent their Bailiff to the Clerk for certain interrogatories which had been read as evidence to them on ‘the trial. The interrogatories were sent, to them. This fact was taken as a ground, amongst others, for a new trial, by the defendant, against whom the Jury rendered a verdict.
[1.] The Court below over-ruled the motion, on all other grounds embraced in the rule, and granted a new trial on this alone. The decision of the Court was excepted to, and…
2Cited by3 opinions
- Strickland v. StateSupreme Court of Georgia · 1928
- Shedden v. StilesSupreme Court of Georgia · 1905
- Armleder v. LiebermanOhio Supreme Court · 1877