Legal Opinion

O'Connor v. Guthrie

Supreme Court of Iowa

Decided October 6, 1860PublishedCited by 12 opinions

Appeal from Dubuque City Court. In this case, after the jury had retired to consider of their verdict, the judge, in answer to an inquiry from them in writing, in the same manner sent them, by the bailiff, an instruction, material to the determination thereof. This ivas done without the knowledge of either party. The verdict being for defendants, plaintiff moved for a new trial, assigning for cause, among others, this action of the court.

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Appeal from Dubuque City Court. In this case, after the jury had retired to consider of their verdict, the judge, in answer to an inquiry from them in writing, in the same manner sent them, by the bailiff, an instruction, material to the determination thereof. This ivas done without the knowledge of either party. The verdict being for defendants, plaintiff moved for a new trial, assigning for cause, among others, this action of the court. The motion was overruled, and the plaintiff appeals. relied upon Sargent, et al, v. Roberts, et al, 1 Pick. 337; Cole v. Swan, 4 G. Greene 33.

1Opinion of the CourtWright, J.

That the court erred in the particular complained of, we entertain no doubt. If further instructions are to be given to the jury, though the same in principle, as those previously given, the parties have a right to require that they shall be given in open court, that an opportunity may be afforded to know w’hat they are, except to them if desired, and ask others explanatory if deemed necessary. Indeed, the necessity for adhering to this practice with *81strictness, is so manifest, that argument in support of it is quite unnecessary. It may at times, it is true, be attended with inconvenience,…

2Cited by12 opinions

  1. Commonwealth v. HouseSuperior Court of Pennsylvania · 1897
  2. People v. BeckIllinois Supreme Court · 1922
  3. Chouteau v. Jupiter Iron WorksSupreme Court of Missouri · 1887
  4. Burton v. NeillSupreme Court of Iowa · 1908
  5. Chicago & Alton Railroad v. RobbinsIllinois Supreme Court · 1895

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