5 N.J.L. 486 | N.J. | 1819
Three reasons were filed, as grounds of reversal in this case,
. 1. JLne verdict .was given by eleven men only,
The justice adjourned the cause, for more than fifteen days, without consent.
3. Unlawful evidence was admitted, to wit: the account of the defendant below after the hearing was over, and “hter - the plaintiff, late iñ the evening, had retired from the court.
On the first point. It appears by the transcript,*'that twelve jurors were sworn, and the verdict is recorded in 0 the usual form; but the justice adds, “some time after tbe jury was dismissed, one of the jurors swore that he was not agreed to the verdict, previous to judgment being en£ere(p» jg Up0n this affidavit of the juryman alone, that this reason rests. I am not willing to rely on such an affidavit. A juror who has come into court and publicly ^assented to the verdict given in by the foreman ought not afterwards to be permitted to gainsay or deny that assent, so as to invalidate the verdict. Such conduct in a juror, deserves severe animadversion, and such a course of proceeding would lead to consequences much to be lamented. • There is therefore nothing in the first reason.
*3. The transcript takes no notice of any account being
In my opinion, there must be a reversal.
This cause was heard on the 27th February 1818, and there was a verdict for the defendant for 30 dollars, 25 cents. Upon this verdict there was no judgment rendered nor adjournment made at that time. On the 12th May, the plaintiff took out a new summons against the defendant for 100 dollars, returnable the 26th of the same month, at which time the parties appeared and the plaintiff prayed judgment on his old account, and the defendant upon his verdict in the former action. Upon this, the justice says in his return, “ Iadjourned by sundry adjournments of two weeks each till the 23rd of June.” Now it is obvious from this mode of entry, that this matter of the adjournment is altogether an after-thought, and that none such really took place or were entered on the docket, otherwise the entry must necessarily have been from two weeks to two weeks, and not in the form in which' it appears on this return; nor does it appear
Let the judgment be reversed.