Kullberg v. O'donnell
Decision Date | 04 March 1893 |
Parties | KULLBERG v. O'DONNELL. |
Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
The additional instructions given to the jury in the absence of the parties and their counsel were as follows
John W. Low, for plaintiff.
Thomas Riley, for defendant.
The presiding justice sent for the jury after the case had been committed to them, and they were brought into the court room while the court was in session, and in open court the justice further instructed them, "in the absence of counsel on both sides," after which the jury returned a verdict for the defendant. The plaintiff's counsel contends, as matter of law, that he is entitled to a new trial because the jury was thus instructed in his absence. In Sargent v Roberts, 1 Pick. 337, it was said: "No communication whatever ought to take place between the judge and the jury after the cause has been committed to them by the charge of the judge, unless in open court, and, when practicable, in presence of the counsel in the cause." In Com. v. Roby, 12 Pick. 496, 518, it was said that the verdict was set aside in Sargent v. Roberts "on the ground that the practice then prevailing was improper, and that it was important that all instructions to the jury should be given in open c...
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State v. Oien
......257; Davis v. Fish, 1 G. Greene, 406, 48 Am. Dec. 387; State v. Frisby,. 19 La.Ann. 143; State v. Davenport, 33 La.Ann. 231;. Kullberg v. O'Donnell, 158 Mass. 405, 35 Am. St. Rep. 507, 33 N.E. 528; Sargent v. Roberts, 1 Pick. 337, 11 Am. Dec. 185; Goode v. Campbell, 14 Bush,. 75; ......
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Patterson v. Barnes
...of a verdict. [1] But a time must come when a trial ends and when the parties can safely cease attendance upon the court. See Kullberg v. O'Donnell, 158 Mass. 405 Ordinarily that time in jury cases is the time of the formal acceptance and recording of a verdict decisive of the whole case. J......
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Haven v. Town of Brimfield
...did not remain until the conclusion of the trial, the judge could properly instruct the jury in their absence. Kullberg v. O'Donnell, 158 Mass. 405, 407, 33 N.E. 528. See also Fournier v. Pike, 1 Cir., 128 F. 991, 992. While he did not specifically tell the jury that assessed valuation of t......
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Patterson v. Barnes
...1 But a time must come when a trial ends and when the parties can safely cease attendance upon the court. See Kullberg v. O'Donnell, 158 Mass. 405, 33 N.E. 528,35 Am.St.Rep. 507. Ordinarily that time in jury cases is the time of the formal acceptance and recording of a verdict decisive of t......