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1 Cow. 238

Roberts v. Failis

New York Supreme Court

Decided August 15, 1823

New York Supreme Court · decided 1823-08-15

The, suit below was between Failis, plaintiff, and Roberts, defendant. The jury,*n ma^ng UP their verdict, each put down a sum for which they would find for the plaintiff, added thésé together, divided the aggregate by six, the number of jurors, and rendered the' quotient as their verdict, on which judgment was given, The plaintiffs here assigned this matter as error in fact ; and the defendant answered in nutto est erratums

Decided 1823-08-15

Curia

¶1Harvey v. Rickett, (15 John. 87-8,) decides, thct suc}1 conduct in a jury is improper. And we are of opinion that a certiorari, and assignment of the error, as here, is the proper mode of redress.

¶2judgment reversed»

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