People v. Mayor's Court

New York Supreme Court

People v. Mayor's Court

1 Wend. 36

CourtNew York Supreme Court

DecidedMay 15, 1828

StatusPublished

Cited by7 cases

This text of 1 Wend. 36 (People v. Mayor's Court) 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

People v. Mayor's Court, 1 Wend. 36 (N.Y. Super. Ct. 1828).

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Opinion

By the Court,

Woodworth, J.

Nothing less than express assent could have warranted the taking of the verdict in the absence of the plaintiffs. Such assent could not be inferred from their silence. Besides, it is evident that the plaintiffs wished to be present at the coming in of the jury, which might have been desired for the purpose of submitting to a nonsuit; a right the plaintiffs were entitled to, and which, in this case, they were deprived of. The motion is granted, the record to be amended conformable to special directions drawn up by the court.

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By the Court,

Woodworth, J.

Nothing less than express assent could have warranted the taking of the verdict in the absence of the plaintiffs. Such assent could not be inferred from their silence. Besides, it is evident that the plaintiffs wished to be present at the coming in of the jury, which might have been desired for the purpose of submitting to a nonsuit; a right the plaintiffs were entitled to, and which, in this case, they were deprived of. The motion is granted, the record to be amended conformable to special directions drawn up by the court.

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Bluebook (online)

1 Wend. 36, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mayors-court-nysupct-1828.

Opinion

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