Shapley v. White
Superior Court of New Hampshire
Trespass, guare clausum j'regii. Plea, general issue. The action was tried at the common pleas sitting in April. In order to maintain the defence the defendant attempted to show that he had been in the peaceable possession of the locus in quo for more than t wenty years next preceding the commencement of the suit.
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Trespass, guare clausum j'regii. Plea, general issue. The action was tried at the common pleas sitting in April. In order to maintain the defence the defendant attempted to show that he had been in the peaceable possession of the locus in quo for more than t wenty years next preceding the commencement of the suit. The cause was committed to the jury just before the adjournment in the afternoon, and about ten o’clock in the evening the jury sent to the court, at their chambers, a written memorandum, as follows — ■ “ The jury wish to be instructed what would amount to an interruption of…
1Opinion of the CourtParker, J.
In the case cited by the counsel for the plaintiff’, the jury sent word to the judge that they could not agree and requesting his directions, to which he returned for answer, that so much time had been consumed in the case that he was unwilling they should separate, “ and giving such directions as would enable them to reconsider the cause in a *174more systematic manner.” We have no difficulty in acquiescing in the propriety of a decision,' granting a new trial, under those circumstances. There was no application to the judge for any direction upon any matter of law, arising in the case, nor was…
2Cases cited1 opinion
- Bunn v. CroulNew York Supreme Court · 1813
3Cited by3 opinions
- Leighton v. SargentSuperior Court of New Hampshire · 1855
- Allen, Cummings & Co. v. AldrichSuperior Court of New Hampshire · 1854
- Bassett v. Salisbury Manufacturing Co.Superior Court of New Hampshire · 1854