Green v. Telfair
New York Supreme Court
Motion to set aside verdict, &c. The action was for libel and slander. It was tried at the Greene circuit in November, 1852. The trial was concluded, and the cause submitted to the jury between two and three o’clock on Saturday afternoon. It was the last cause tried at the circuit. The jury, after having been absent several hours, returned into court, and stated that they were unable to agree upon a verdict, and asked to be discharged.
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Motion to set aside verdict, &c. The action was for libel and slander. It was tried at the Greene circuit in November, 1852. The trial was concluded, and the cause submitted to the jury between two and three o’clock on Saturday afternoon. It was the last cause tried at the circuit. The jury, after having been absent several hours, returned into court, and stated that they were unable to agree upon a verdict, and asked to be discharged. The judge who presided at the circuit, according to the affidavits of the plaintiff’s counsel and two of the jurors, which were read upon the motion, stated to…
1Opinion of the Court
Harris, Justice.
It is both proper and commendable, that a judge, after the labor and expense of a trial, should endeavor, by all legitimate means, to secure a verdict. To this end he may properly urge the jury to engage in their deliberations in a -spirit of liberal concession. He may properly explain to them the theory of the trial by jury; that its object, is to give to the parties the united judgment of twelve minds, upon the questions at issue between them. He may properly invite their attention to the importance, both to the parties and the public, of their agreeing upon a verdict; that…
2Cited by12 opinions
- People v. . SheldonNew York Court of Appeals · 1898
- In Re SternSupreme Court of New Jersey · 1953
- Wilkins v. AbbeyNew York Supreme Court · 1938
- Willson v. Manhattan Railway Co.New York Court of Common Pleas · 1892
- State v. ShumanSupreme Court of South Carolina · 1916
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