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13 N.Y.S. 197

Morehead v. Brown

New York Supreme Court

Decided February 4, 1891

New York Supreme Court · decided 1891-02-04

Action by John Morehead and another, overseers of the poor of the town of Marlborough, against Charles Brown, to recover penalties for violations of the excise law (Laws 1ST. Y. 1857, c. 628, § 14) by the sale of hard cider without a license. At the trial in the justice’s court, evidence was admitted, against defendant’s objection, of a fight between the purchaser of the cider and a third person, shortly after the purchase.

Decided 1891-02-04

Landon, J.

¶1I think the judgment of the justice’s court was right upon the merits, and that the errors complained of did not prejudice the defendant. Code Civil Proe. § 3063. The verdict was in writing, and accords with the illiteracy which is often an accepted test of the impartiality of jurors. The practice of requiring a verdict in writing is not prescribed by law, and, if technical inaccuracy is to be made a pretext for setting it aside, cannot be too vigorously condemned. I advise a reversal of the judgment of the county court.

¶2Mayham, J., concurs.

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