Plunkett v. Appleton
The Superior Court of New York City
A motion was made at special term to set aside a verdict rendered herein for defendant, for irregularity in the conduct of the trial. The irregularity complained of, consisted in written communications having passed between the jury and the judge, of which the counsel was not apprised. The facts suffici nitty appear in the special term opinion. At special term an order was made setting aside the verdict, from which the defendant appealed to the general term.
1Per curiam
The order is affirmed upon the opinion, delivered at Special Term by Judge Sanford, with ten dollars costs, and disbursements to be taxed.
At Special Term.
Sanford, J.
Upon the argument of this motion, 1 was disposed to direct that it be brought on before the judge who tried the cause, upon his minutes of trial, or on a case regularly made and settled by him. In Nesmith v. Clinton Fire Insurance Co. (8 Abb. Pr. 141), this course was suggested-as proper, and the hearing of like motions, before a different judge from the one who tried the cause, was declared to be “ a practice to be discouraged.”…
2Cases cited5 opinions
- Watertown Bank and Loan Co. v. . MixNew York Court of Appeals · 1873
- Moody v. PomeroyNew York Supreme Court · 1847
- Hasbrouck v. BakerNew York Supreme Court · 1813
- Rogers v. MoulthropNew York Supreme Court · 1835
- Nesmith v. Clinton Fire InsuranceThe Superior Court of New York City · 1858