Donville v. Russell

1 How. N.P. 8

• Court: Circuit Court of the 19th Circuit of Michigan
• Decided: July 1, 1879
• Status: Published

Opinion

The Court,

Judkins J.;

reversed the judgment, and based his decision on the following, amoilg other authorities:

Thompsón’s Charging Jury, page 26.

Bunn vs. Croul, 10 John., 238.

Kirk vs. Ohio, 14 Ohio, 511.

*

Where a justice went into a jury room alone and answered a question upon a certain point, and afterwards in the same case, in presence of the parties and by their consent, answered a like question from the jury room, it was held not to be error. — Galloway v. Corbett, Mich. Sup. Ct., Jan. Term, 1884.