Read v. City of Cambridge
Massachusetts Supreme Judicial Court
Petition under the St. of 1872, c. 299, § 8, to the county commissioners for a jury to assess the damages caused to the petitioner by the taking of land by the respondent. After the sheriff’s jury, before which the trial was had, had retired to their room and were deliberating upon their verdict, they rang the bell to call the sheriff, who had them in charge, and who was the presiding officer at the trial.
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Petition under the St. of 1872, c. 299, § 8, to the county commissioners for a jury to assess the damages caused to the petitioner by the taking of land by the respondent. After the sheriff’s jury, before which the trial was had, had retired to their room and were deliberating upon their verdict, they rang the bell to call the sheriff, who had them in charge, and who was the presiding officer at the trial. The sheriff went to the door of the jury room, and, as the door was being opened, the written question, “ Have the counsel the right to argue on what is not in evidence ? ” was handed to…
1Opinion of the CourtGray, C. J.
The action of the sheriff after the jury had retired to deliberate upon their verdict was irregular, and in viola-tian of the settled law of the Commonwealth, and requires the verdict to be set aside.
In Sargent v. Roberts, 1 Pick. 337, after a trial of three days before a justice of this court, the jury had been out six hours, when the foreman wrote to the judge at chambers, informing him that they could not agree, and that they waited for his directions; the judge returned an answer in writing, saying that he was unwilling, after so much time had been consumed in the cause, to permit the…
2Cases cited8 opinions
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- Moody v. PomeroyNew York Supreme Court · 1847
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3Cited by21 opinions
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- Commonwealth v. HouseSuperior Court of Pennsylvania · 1897
- Havenor v. StateWisconsin Supreme Court · 1905
- Kansas City M. & B. R. R. v. PhillipsSupreme Court of Alabama · 1893
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