¶1It is the undoubted right of a party to poll a jury on their bringing in their verdict, and he cannot be deprived of it, but by his express assent. Notwithstanding the practice of the judge, the counsel for the defendant positively states that there was no agreement waiving the right, and that he would not have consented to a sealed verdict had he supposed that he thereby would lose the right of polling the jury. The party, therefore, not having expressly assented, and having been deprived of a right to which he was entitled, the verdict must be set aside; costs to abide the event.
2 Wend. 619
Jackson v. Hawks
Decided August 15, 1829
New York Supreme Court · decided 1829-08-15
Motion to set aside a verdict. The trial closed late in the evening, and the jury, by the consent of the parties, were directed, on agreeing to a verdict, to seal the same and bring it into court the next morning. The next morning the jury brought in their verdict, and the counsel for the defendant demanded that they should be polled, which the judge (Hon. N. Williams) refused to permit, and directed the verdict to be entered.
Good law ✅— No negative treatment on recordhow we know
Decided 1829-08-15
How this case has been cited
Cited by 10 later decisions — most recently March 2009
9 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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