New York Court of Appeals
The Watertown Bank and Loan Company, Appellant v. Harrison M. Mix, Respondents
March 5, 187351 N.Y. 558
Summary
The Court held that the right to a public trial, including the prohibition on private communications between judge and jury after deliberations, is a substantial right not subject to discretion, making an order denying a new trial on that ground appealable. It also held that a party moving for a new trial based on such communication need not prove injury.