Root v. Sherwood
New York Supreme Court
THIS was an action for a libel. The cause was tried at the Delaware circuit, in September, 1809, before Mr. Justice 'Thompson. The trial lasted till late in the evening, and after the charge of the judge, the parties consented that the jury might seal tip theij* verdict. At the opening of the court, on the next day, the jury appeared, and the foreman delivered the sealed verdict, which was opened and read, by which the jury found for the plaintiff for 150 dollars, damages.
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THIS was an action for a libel. The cause was tried at the Delaware circuit, in September, 1809, before Mr. Justice 'Thompson. The trial lasted till late in the evening, and after the charge of the judge, the parties consented that the jury might seal tip theij* verdict. At the opening of the court, on the next day, the jury appeared, and the foreman delivered the sealed verdict, which was opened and read, by which the jury found for the plaintiff for 150 dollars, damages. On being polled, nine of the jurors dissented from the verdict; but, at the same time, stated that they did agree to the…
1Per curiam
The jury, when they came to the bar to deliver in their verdict, had a right to dissent from the verdict to which they had previously agreed. There js no verdict of any force but a public verdict, given openly in court; until it was received and recorded it was no verdict, and the jury had a right to alter it as they may a private verdict. The previous agreement, that the jury might seal up their verdict, did not take away from the parties, the right to a public verdict, duly delivered. There being then no legal verdict in this case, a new trial must be awarded with costs to abide the event…
2Cited by26 opinions
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- Duffy v. VogelNew York Court of Appeals · 2009
- George v. BelkTennessee Supreme Court · 1899
- In re ThompsonMontana Supreme Court · 1890
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