Opinion · New York Supreme Court
Benson v. Clark
1 Cow. 258
- Type
- Opinion
- Court
- New York Supreme Court
- Jurisdiction
- New York
- Date
- 1823-08-15
- Topic
- general
Curia. Both these acts were irregular. The Justice had no right to have any intercourse with the jury, without consent of the parties; and though he states, that he did not answer their questions, the practice may lead to great abuse, if tolerated. The observations of the Court in Taylor v. Betsford, (13 John. 487) are strictly applicable.
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Both these acts were irregular. The Justice had no right to have any intercourse with the jury, without consent of the parties; and though he states, that he did not answer their questions, the practice may lead to great abuse, if tolerated. The observations of the Court in Taylor v. Betsford, (13 John. 487) are strictly applicable. It is unnecessary, therefore, to consider the other errors assigned.
Judgment reversed...