Dalrymple v. . Williams
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth judicial department, reversing an order of Special Term correcting the verdict as entered. This action was for fraud. The foreman of the jury announced as their verdict a general verdict in favor of plaintiff against both defendants, and it was so entered.
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Appeal from order of the General Term of the Supreme Court in the fourth judicial department, reversing an order of Special Term correcting the verdict as entered. This action was for fraud. The foreman of the jury announced as their verdict a general verdict in favor of plaintiff against both defendants, and it was so entered. "Upon application, made upon the same day to the judge holding the Circuit, on behalf of defendant Williams, an order to show cause at a day specified, during the same Circuit, why the verdict should not be corrected was granted. The application was based upon the…
1Opinion of the CourtAllen, J.
If the fact alleged is properly before us, there should -be no doubt either as to the right of the plaintiff to have or the power of the court to grant the relief demanded. It would be a reproach upon the administration of justice if a party could lose the benefit of a trial and a verdict in his favor by the mere mistake of the foreman of the jury in reporting to the court the result of the deliberations of himself and his fellows. The power of a court of record over its records, and to make them truthful, is undoubted, and has been exercised without question. .(See cases cited by Judge…
2Cases cited4 opinions
- People v. Columbia Common PleasNew York Supreme Court · 1828
- Sargent v.New York Supreme Court · 1825
- Burhans v. TibbitsNew York Supreme Court · 1851
- Ex parte CaykendollNew York Supreme Court · 1826
3Cited by102 opinions
- Randall v. Peerless Motor Car Co.Massachusetts Supreme Judicial Court · 1912
- Hays v. HoganSupreme Court of Missouri · 1917
- Kisloff v. CovingtonNew York Court of Appeals · 1989
- People v. . SpragueNew York Court of Appeals · 1916
- People Ex Rel. Hirschberg v. Orange County CourtNew York Court of Appeals · 1936
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