Legal Opinion

Physioc v. Shea

Supreme Court of Georgia

Decided December 1, 1885PublishedCited by 3 opinions

Practice in Superior Court. Jury and Jurors. Verdict. Master and Servant. Actions. Before Judge Simmons. Bibb Superior Court. April Term, 1885. Physioc brought suit against Shea for the breach of a written contract of employment as foreman of a tailor shop for a term of two years. It was alleged that, at the end of seven months, the defendant discharged him without any legal reason.

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Practice in Superior Court. Jury and Jurors. Verdict. Master and Servant. Actions. Before Judge Simmons. Bibb Superior Court. April Term, 1885. Physioc brought suit against Shea for the breach of a written contract of employment as foreman of a tailor shop for a term of two years. It was alleged that, at the end of seven months, the defendant discharged him without any legal reason. The defendant pleaded the general issue; that the plaintiff first broke the contract and failed and refused to comply with its terms, thereby relieving the defendant; and that the plaintiff had obtained other…

1Opinion of the Court

Jackson, Chief Justice.

1. The new trial was properly granted on the ground that the court erred in his remarks to the jury in regard to allowing them their meals only at their own expense, after *470they had been out all night without supper or breakfast. It operated as a threat to starve such as had no money into finding a verdict, for in ten minutes, after being hung all night, they agreed on a verdict. The old idea of starving juries to coerce a verdict has past away. Our own Code explodes it. Code, §3947. The same section also empowers the judge to furnish refreshment at the expense of the…

2Cases cited1 opinion

  1. O'Barr v. AlexanderSupreme Court of Georgia · 1867

3Cited by3 opinions

  1. People v. . SheldonNew York Court of Appeals · 1898
  2. Henderson v. ReynoldsSupreme Court of Georgia · 1889
  3. Parker v. FarlingerSupreme Court of Georgia · 1905

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