General

Hutchinson v. Decatur

3 D.C. 2913 Cranch 291·United States Circuit Court of the District of Columbia·1828

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Opinion

Hutchinson v. Decatur. If the jury take out the plaintiff’s account, without the consent of the defendant, the Court will grant a-new trial. The jury having taken out an account of the plaintiff without the defendant’s consent, came in and declared their verdict. Mr. Redin, for the plaintiff, before the verdict was entered and affirmed, discovered the error, and requested that the paper should be withdrawn, and the jury sent out again with an instruction that the paper was not evidence; which the Court {nem. con.) granted. The jury then retired and returned a verdict for a smaller sum. Mr. R. S. Coxe, for the defendant, moved for a new trial; and cited Erving v. Cook, 15 Johns. 239, and Penfield v. Carpenter, 13 Johns. 350. [MAJORITY] New trial granted.