Mitchell v. Carter
New York Supreme Court
Appeal from an order of the Erie Special Term, setting aside the verdict in this action for irregularity and granting a new trial. The cause was tried at the Cattaragus Circuit before Justice Daniels and a jury. The jury was charged about 9 p. m. and retired to a room, and the court adjourned until morning. After the adjournment, the jury returned to the court-room and occupied it until morning.
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Appeal from an order of the Erie Special Term, setting aside the verdict in this action for irregularity and granting a new trial. The cause was tried at the Cattaragus Circuit before Justice Daniels and a jury. The jury was charged about 9 p. m. and retired to a room, and the court adjourned until morning. After the adjournment, the jury returned to the court-room and occupied it until morning. Justice Daniels kept minutes of the testimony in a book, which he left on his desk in the court-room where the trial took place, and the jury had access to this book of minutes. The constable, in his…
1Opinion of the Court
Hardin, J.:
Upon reading the affidavits used upon the motion, it is apparent (1st) that Judge Daniels kept a book in which some of the evidence ,was entered, and (2d) that it was left on his desk in the court-room on the adjournment at night; (3d) that the jury occupied the court-room after the adjournment, most of the time, until they agreed, sealed their verdict, and separated, about five o’clock in the morning; (4th) that some of the jurors attempted to read the stenographer’s minutes, and failed; (5th) that the jurors had access to the book kept by Justice Daniels; (6th) that some of the…
2Cases cited4 opinions
- Dana v. TuckerNew York Supreme Court · 1809
- Watertown Bank and Loan Co. v. . MixNew York Court of Appeals · 1873
- Green v. BlissNew York Supreme Court · 1856
- Hancock v. SalmonNew York Supreme Court · 1850