Brady v. American Print Works

Massachusetts Supreme Judicial Court

Brady v. American Print Works

119 Mass. 98, 1875 Mass. LEXIS 76

CourtMassachusetts Supreme Judicial Court

DecidedOctober 29, 1875

StatusPublished

Cited by4 cases

This text of 119 Mass. 98 (Brady v. American Print Works) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brady v. American Print Works, 119 Mass. 98, 1875 Mass. LEXIS 76 (Mass. 1875).

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Opinion

By the Court.

The Superior Court is authorized by statute to set aside the verdict of a sheriff’s jury for “ good cause.” Gen. Sts. c. 43, § 40 ; c. 149, §§ 13, 14. The question whether, upon the proof of the irregular and improper conduct of the officer, such an interference with the deliberations of the jury was to be inferred, as required the verdict to be set aside, was a question of fact, largely depending upon the credit given to witnesses, and addressed exclusively to the discretion of the presiding judge; and the exercise of that discretion, not appearing to have involved any ruling in matter of law, is not subject to revision, whether the verdict is set aside or accepted. Norton v. Wilbur, 5 Gray, 7. Shea v. Lawrence, 1 Allen, 167. Tripp v. County Commissioners, 2 Allen, 556. Leach v. Wilbur, 9 Allen, 212. Stetson v. Medford, 109 Mass. 242.

Judgment setting aside the verdict affirmed.

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By the Court.

The Superior Court is authorized by statute to set aside the verdict of a sheriff’s jury for “ good cause.” Gen. Sts. c. 43, § 40 ; c. 149, §§ 13, 14. The question whether, upon the proof of the irregular and improper conduct of the officer, such an interference with the deliberations of the jury was to be inferred, as required the verdict to be set aside, was a question of fact, largely depending upon the credit given to witnesses, and addressed exclusively to the discretion of the presiding judge; and the exercise of that discretion, not appearing to have involved any ruling in matter of law, is not subject to revision, whether the verdict is set aside or accepted. Norton v. Wilbur, 5 Gray, 7. Shea v. Lawrence, 1 Allen, 167. Tripp v. County Commissioners, 2 Allen, 556. Leach v. Wilbur, 9 Allen, 212. Stetson v. Medford, 109 Mass. 242.

Judgment setting aside the verdict affirmed.

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Bluebook (online)

119 Mass. 98, 1875 Mass. LEXIS 76, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brady-v-american-print-works-mass-1875.

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