Johnson v. Hobart
Decision Date | 31 March 1891 |
Citation | 45 F. 542 |
Parties | JOHNSON v. HOBART et al. |
Court | U.S. District Court — District of Minnesota |
Arctander & Arctander, for plaintiff.
D. A Seacombe, for defendant.
I am constrained to grant a new trial in this case. Anciently it was the rule that a verdict was rendered void by the jury's eating and drinking between the charge of the court and the verdict. The origin of this regulation is a little curious. Dr Gilbert Stuart, in his 'Historical Dissertation Concerning the Antiquity of the British Constitution,' says counsel declined to do so. All trials by jury ought to be effectually guarded against any kind of influences by which a party may derive any possible advantage, and, as counsel for the defeated party declined to share the expense of providing refreshments, and the same were furnished and paid for by the prevailing party, a new trial must be granted under the circumstances, although it does not appear that the verdict was determined thereby.
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Liutz v. Denver City Tramway Co.
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Garvin v. Harrell
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