Taylor v. Betsford
New York Supreme Court
IN ERROR, on certiorari to a justice’s court. When the jury in the court below retired to deliberate upon their verdict, the justice, at the request of the jury, went into the room with them, to answer certain questions proposed to him by the jury, but was not accompanied by the parties, nor had obtained the consent of the plaintiff in error, who, however, knéw that the justice was going, and did not object to it.
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IN ERROR, on certiorari to a justice’s court. When the jury in the court below retired to deliberate upon their verdict, the justice, at the request of the jury, went into the room with them, to answer certain questions proposed to him by the jury, but was not accompanied by the parties, nor had obtained the consent of the plaintiff in error, who, however, knéw that the justice was going, and did not object to it. A ,, , . . , i i r i i verdict and mdgment were given in the court below tor the de- - , J ° ® Cendant m error.
1Per curiam
The only error necessary to be noticed in this case is, that the justice went into the room with the jury, at their request, privately and apart from the parties, to answer certain questions proposed to him by the jury. This we have repeatedly held t'o be erroneous, unless done with the consent of the parties. Whether the information given by the justice were material, or had any influence upon the verdict of the jury, is a matter which we will not inquire into. In the present case, it cannot fairly be inferred that the plaintiff in error gave his consent,unless from the circumstance that he…
2Cited by31 opinions
- State v. WrothWashington Supreme Court · 1896
- State v. PattersonSupreme Court of Vermont · 1873
- Commonwealth v. HouseSuperior Court of Pennsylvania · 1897
- Watertown Bank and Loan Co. v. . MixNew York Court of Appeals · 1873
- Read v. City of CambridgeMassachusetts Supreme Judicial Court · 1878
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