Moody v. Pomeroy

■ Error to Cortland common pleas. Pomeroy sued Moody before a justice, and after a trial by jury, there was a verdict for the defendant. On certiorari the common pleas reversed the judgment, because the justice went into the .jury room while they were deliberating upon their verdict, and gave them instructions upon the evidence, without the presence, or the express consent of the parties. They knew the justice was going into the jury room, and made no objection. .