Morehead v. Brown

New York Supreme Court

Morehead v. Brown

13 N.Y.S. 197, 35 N.Y. St. Rep. 766, 59 Hun 617, 1891 N.Y. Misc. LEXIS 1026

DecidedFebruary 4, 1891

StatusPublished

This text of 13 N.Y.S. 197 (Morehead v. Brown) 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

Morehead v. Brown, 13 N.Y.S. 197, 35 N.Y. St. Rep. 766, 59 Hun 617, 1891 N.Y. Misc. LEXIS 1026 (N.Y. Super. Ct. 1891).

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Opinions

Landon, J.

I think the judgment of the justice’s court was right upon the merits, and that the errors complained of did not prejudice the defendant. Code Civil Proe. § 3063. The verdict was in writing, and accords with the illiteracy which is often an accepted test of the impartiality of jurors. The practice of requiring a verdict in writing is not prescribed by law, and, if technical inaccuracy is to be made a pretext for setting it aside, cannot be too vigorously condemned. I advise a reversal of the judgment of the county court.

Mayham, J., concurs.

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Landon, J.

I think the judgment of the justice’s court was right upon the merits, and that the errors complained of did not prejudice the defendant. Code Civil Proe. § 3063. The verdict was in writing, and accords with the illiteracy which is often an accepted test of the impartiality of jurors. The practice of requiring a verdict in writing is not prescribed by law, and, if technical inaccuracy is to be made a pretext for setting it aside, cannot be too vigorously condemned. I advise a reversal of the judgment of the county court.

Mayham, J., concurs.

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Bluebook (online)

13 N.Y.S. 197, 35 N.Y. St. Rep. 766, 59 Hun 617, 1891 N.Y. Misc. LEXIS 1026, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morehead-v-brown-nysupct-1891.