Ahearn v. Mann
Supreme Court of New Hampshire
The jury were then directed to retire for the further consideration of the case, and having done so, within an hour they returned a verdict for the plaintiffs. The foregoing remarks were addressed to the jury in open court, and during its regular session, in the presence of the officers of the court, other jurors and attorneys, but not in the presence of the attorneys of either of the parties to this suit.
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The jury were then directed to retire for the further consideration of the case, and having done so, within an hour they returned a verdict for the plaintiffs. The foregoing remarks were addressed to the jury in open court, and during its regular session, in the presence of the officers of the court, other jurors and attorneys, but not in the presence of the attorneys of either of the parties to this suit. The plaintiffs’ counsel had returned to Boston, where he resided, and the court did not in fact notice the absence of the defendant’s counsel from the courtroom at the time. No allusion was…
1Opinion of the CourtStanley, J.
The court may send written instructions to the jury without notice to counsel when the court is not in session (Shapley v. White, 6 N. H. 172, School Dist. v. Bragdon, 28 N. H. 517, Bassett v. Salisbury Manf. Co., 28 N. H. 438, Allen v. Aldrich, 29 N. H. 63), and no reason is suggested why instructions in open court are more objectionable than those given in writing during a recess. We are aware that it is the general practice to send for counsel, when known to be within call, but there is no rule requiring it. Florence Sewing Machine Co. v. Grover & Baker Sewing Machine Co., 110 Mass. 70,…
2Cases cited4 opinions
- Chapman v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
- Allen v. WoodsonSupreme Court of Georgia · 1873
- Pierce v. RehfussMichigan Supreme Court · 1876
- Florence Sewing Machine Co. v. Grover & Baker Sewing Machine Co.Massachusetts Supreme Judicial Court · 1872
3Cited by7 opinions
- State v. BlakeSupreme Court of New Hampshire · 1973
- Greenland v. Ford Motor Co.Supreme Court of New Hampshire · 1975
- Musgrave v. Great Falls Manufacturing Co.Supreme Court of New Hampshire · 1933
- Parkinson v. Concord Street RailwaySupreme Court of New Hampshire · 1901
- Blodgett v. ParkSupreme Court of New Hampshire · 1912
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