Henlow v. Leonard
New York Supreme Court
IN error, on certiorari, from a justice’s court. Leonard brought an action of assumpsit against Hen* low, before a justice of the peace.
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IN error, on certiorari, from a justice’s court. Leonard brought an action of assumpsit against Hen* low, before a justice of the peace. The defendant, after issue joined, demanded a trial by jury; and after the jury had retired to consider on a..verdict, they sent the officer to the justice requesting that one of the witnesses who had been sworn in the cause might be sent to them, or that they might come before the justice, for the purpose of asking the witness some further questions. The justice asked the plaintiff and defendant if they would go with him to the jury, or have the jury sent…
1Opinion of the Court
. Per Curiam.
There is no question in this case as to the justice and merits of the verdict. The plaintiff in error contends that there was an irregularity in the justice’s going with the witness to the jury, at their request. But as this appears to have been done openly, after notice to the parties, and as we may fairly presume, in their presence, there was no ground of complaint. The case of Thayer v. Van Vleet, (5 Johns. Rep. 111.) bears strongly on this point. We are of opinion that the judgment ought to be affirmed.
■ Judgment affirmed.'
2Cited by9 opinions
- Galloway v. CorbittMichigan Supreme Court · 1884
- Moody v. PomeroyNew York Supreme Court · 1847
- Schappner v. Second Avenue RailroadNew York Supreme Court · 1870
- Lasher v. Curry, New York County Courts1901
- Hudson v. Stearns, New York County Courts1901
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