Fox v. Smith

New York Supreme Court

Fox v. Smith

3 Cow. 23

CourtNew York Supreme Court

DecidedAugust 15, 1824

StatusPublished

Cited by11 cases

This text of 3 Cow. 23 (Fox v. Smith) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fox v. Smith, 3 Cow. 23 (N.Y. Super. Ct. 1824).

Pincite

Opinion

Woodworth, J.

Conceding that the Judge may order the jury polled, seems to give the party a right to insist on it. I think this cannot be a matter of mere discretion. It has been the uniform practice at the Circuit, as far as I have been acquainted with it, to allow the jury to be polled, whether the verdict he sealed, as here, by consent, or delivered ore tenus by the foreman.

Curia.

We think the jury may be palled, at the instance

©f either party, at' any time before the verdict is recorded* whether it be sealed, by consent, or is oral.

Motion granted.

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Woodworth, J.

Conceding that the Judge may order the jury polled, seems to give the party a right to insist on it. I think this cannot be a matter of mere discretion. It has been the uniform practice at the Circuit, as far as I have been acquainted with it, to allow the jury to be polled, whether the verdict he sealed, as here, by consent, or delivered ore tenus by the foreman.

Curia.

We think the jury may be palled, at the instance

Motion granted.

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Bluebook (online)

3 Cow. 23, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fox-v-smith-nysupct-1824.

Opinion

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