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4 Denio 115

Moody v. Pomeroy

New York Supreme Court

Decided January 15, 1847

New York Supreme Court · decided 1847-01-15

■ Error to Cortland common pleas. Pomeroy sued Moody before a justice, and after a trial by jury, there was a verdict for the defendant. On certiorari the common pleas reversed the judgment, because the justice went into the .jury room while they were deliberating upon their verdict, and gave them instructions upon the evidence, without the presence, or the express consent of the parties. They knew the justice was going into the jury room, and made no objection. .

Relies on Rogers v. Moulthrop

Decided 1847-01-15

Per Curiam.

¶1The case of Taylor v. Betsford, (13 John. 487,) is directly in point; and although it is an extreme case, (1 Hill, 61; 7 John. 200; 13 Wend. 274,) it seems not to have been overruled.

¶2Judgment affirmed.

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