Smith v Darley

• Jurisdiction: Ireland
• Judgment Date: 27 January 1848
• Date: 27 January 1848
• Court: Queen's Bench Division (Ireland)

Queen's Bench.

SMITH

and

DARLEY.

Freeman v. Garden 1 Dow. & Ry. 184.

Duvergier v. FellowesENR 7 Bing. 463.

Tilly v. Richardson 2 Ld. Ray. 840.

Colebrooke v. Digges 2 Stra. 527.

CASES AT LAW. 505 CRAMPTON, J. I regret such a practice as to jurors should ever have prevailed. An agreement is entered into between the plaintiff and defendant by their attorneys, that instead of one guinea the sum of two guineas should be given to each juror, to be taxed against the party who did not obtain the verdict. I think such a practice a most injurious one, for if jurors be allowed to consider that they can prevent a verdict, bargains may be made as to their remuneration before the trial. If we gave effect to this consent, the result would be to take out of the Judge the power to certify whether or not the case was a fitting one for a special jury. We are of opinion the officer ought to review his taxation, and not allow these twenty-four guineas. We give no costs of this motion. H. T. 1848. Queen'sBench. MOLLOY V. BROWNE. SMITH v. DARLEY. lan. 27. R. W. GREENE, with whom was W. F. Darley, on behalf of the The Court defendant, moved that the recognizances entered into by the defend- mwioltlionno t order r the recogni- ant, together with Arthur Lee Guinness and Henry Darley, to zance of a prosecute the writ of error, which the defendant had brought to the periraionrtiiffn inthe Court of Exchequer Chamber, against the judgment of this Court Exchequer...