Root v. Sherwood
This text of 6 Johns. 68 (Root v. Sherwood) 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.
Opinion
The jury, when they came to the bar to deliver in their verdict, had a right to dissent from the verdict to which they had previously agreed. There js no verdict of any force but a public verdict, given openly in court; until it was received and recorded it was no verdict, and the jury had a right to alter it as they may a private verdict. The previous agreement, that the jury might seal up their verdict, did not take away from the parties, the right to a public verdict, duly delivered. There being then no legal verdict in this case, a new trial must be awarded with costs to abide the event of the suit.
New trial granted. -
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Cite This Page — Counsel Stack
6 Johns. 68, Counsel Stack Legal Research, https://law.counselstack.com/opinion/root-v-sherwood-nysupct-1810.