Legal Opinion

Baker v. Simmons

New York Supreme Court

Decided October 20, 1857PublishedCited by 5 opinions

THIS was an appeal from the judgment of a county court, reversing a judgment rendered by a justice of the peace. The opinion of the court contains a statement of the facts.

1Opinion of the Court

By the Court, Mason, J.

The plaintiff in this case recovered a judgment before a justice of the peace for $91.44 damages and costs of suit, and which, on appeal to the county court, was reversed on error in fact assigned. The judgment was reversed on the sole ground that the constable who had charge of the jury, after they had retired to their room to deliberate on their verdict, urged the jury to give a verdict for the plaintiff. The jury, when they first went out, stood four for the verdict ultimately rendered, and two were for giving a less amount. The jury were out some two hours, and- the…

2Cases cited1 opinion

  1. Chaddock v. BriggsMassachusetts Supreme Judicial Court · 1816

3Cited by5 opinions

  1. Hager v. HagerNew York Supreme Court · 1862
  2. Hanrahan v. AyresSuperior Court of Buffalo · 1894
  3. People v. FlackCourt Of Oyer And Terminer New York · 1890
  4. Ayres v. Village of HammondsportNew York Supreme Court · 1887
  5. People v. DraperNew York Supreme Court · 1882

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