Legal Opinion

Mitchell v. Carter

New York Supreme Court

Decided June 15, 1878Published

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

  1. Dana v. TuckerNew York Supreme Court · 1809
  2. Watertown Bank and Loan Co. v. . MixNew York Court of Appeals · 1873
  3. Green v. BlissNew York Supreme Court · 1856
  4. Hancock v. SalmonNew York Supreme Court · 1850

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