Hudson v. Stearns

The justice, in his return upon this appeal, sets forth the following, viz.:

“That after deliberating for some time the jury called for the justice; the door of the jury room was then opened by the constable, who was present; neither the plaintiff nor defendant nor their counsel was notified, and neither of them was present, nor did they, or either of them, consent; then the foreman of the jury asked me if the costs could be divided and placed on both parties; I, in reply, said to him, ‘No, that the costs followed judgment always in a civil action,’ and I then withdrew.”

The jury thereafter, as…