1 Cow. 258
Decided August 15, 1823
New York Supreme Court · decided 1823-08-15
On certiorari to a Justice’s Court. One of the errors relied upon was, that in the Court below, after the jury had retired, the Justice, at their request, went into the room with them, without the consent of the parties ; that the jurors put certain questions to him, which he did not answer, but retired. Soon after, the jurors sent the Constable for a certain paper, which the Justice sent to them. But his retura did not state what paper it was.
Decided 1823-08-15
¶1Both these acts were irregular. The Justice had no right to have any intercourse with the jury, without consent of the parties; and though he states, that he did not answer their questions, the practice may lead to great abuse, if tolerated. The observations of the Court in Taylor v. Betsford, (13 John. 487) are strictly applicable. It is unnecessary, therefore, to consider the other errors assigned.
¶2Judgment reversed...