5 N.Y.S. 288 | N.Y. Sup. Ct. | 1889
Lead Opinion
Appeal from a judgment entered on a verdict, and from an order denying a motion for a new trial made on the minutes and heard in this court on a case which contains all of the evidence. The record shows that this case was submitted to the jury in the afternoon of Eriday, March 16, 1888. The justice presiding informed the jury that when the court adjourned for the day it would be adjourned until the following Tuesday, March 20th, at 1.0 A. m., and by the consent of the attorneys for both parties he directed the jury, unless they agreed before the court adjourned for the day, to report their verdict to the clerk, who was directed to receive and enter it. Later in the day, and before the jury agreed, the justice left for his home, some 50 miles distant. At 7 o’clock p. m. of March 16th the clerk and crier entered the court-room, and, the jury not reporting, the crier proclaimed ail adjournment of the court until Saturday, March 17th, at 9:80 A. M., at which time they returned to the court-room, and the crier, we assume, proclaimed that the court was open, and thereupon the jury came into court with an oral verdict for the plaintiff, assessing his damages at $75. The clerk entered the verdict and discharged the jury, and thereupon the crier proclaimed an adjournment until Tuesday, March 20th, at 10 A. m., at which time the justice returned, and the court was opened and thereafter, held. All of these adjournments were entered in the minutes by the clerk. Later in the term the
Kennedy, J., concurred.
Concurrence Opinion
1 concur in the result, but I am not prepared to hold that the parties to an action may not, under any circumstances, stipulate that the verdict may be received and entered by the clerk in the absence of the judge, and be bound by such stipulation. I regard the decision of that question at this time as unnecessary. Judgment and order reversed upon errors of law, and a new trial granted, with costs to abide the event.