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3 Cow. 23

Fox v. Smith

New York Supreme Court

Decided August 15, 1824

New York Supreme Court · decided 1824-08-15

<p>The jury mayny nme before |*ie at the instance ^hetheTit be a sealed or ora vordiGt‘</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1824-08-15

How this case has been cited

Cited by 8 later decisions — most recently November 1910

6 state decisions

301824183018401850186018701880189019001910decided

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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Woodworth, J.

¶1Conceding that the Judge may order the jury polled, seems to give the party a right to insist on it. I think this cannot be a matter of mere discretion. It has been the uniform practice at the Circuit, as far as I have been acquainted with it, to allow the jury to be polled, whether the verdict he sealed, as here, by consent, or delivered ore tenus by the foreman.

Curia.

¶2We think the jury may be palled, at the instance

¶3©f either party, at' any time before the verdict is recorded* whether it be sealed, by consent, or is oral.

¶4Motion granted.

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