Douglass v. Blackman
New York Supreme Court
This action was commenced before a justice of the peace of Clinton county. The plaintiff complained against the defendant for wrongfully taking the plaintiff’s horse, to his damage $50. The defendant answered denying the complaint, and setting up a justification. He applied for a venire, which was issued, and a jury summoned. Witnesses were examined on the part of the plaintiff.
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This action was commenced before a justice of the peace of Clinton county. The plaintiff complained against the defendant for wrongfully taking the plaintiff’s horse, to his damage $50. The defendant answered denying the complaint, and setting up a justification. He applied for a venire, which was issued, and a jury summoned. Witnesses were examined on the part of the plaintiff. The justice stated in his return that “ the defendant offered no evidence, but submitted the case to the jury after argument by counsel. Defendant and his counsel immediately left the court. Plaintiff’s counsel, after…
1Opinion of the CourtBy the Courts Willard, P. J.
There are two fatal objections to the verdict and judgment in the court before the justice. 1. The jury, after hearing the evidence, were not put in charge of a constable, sworn to attend them, as required by the statute. (2 R. S. 244, § 109.) If a jury find a verdict without leaving *382their seats, it is an idle ceremony to swear a constable. (Fink v. Hull, 8 John. 437.) In this case “ the jury were left alone to make up their verdict, and, after agreeing, they returned to the court that they had agreed,” &c. Whether the jury retired from the court, or the court left them alone in the court…
2Cases cited3 opinions
- Oakley v. HornNew York Supreme Court · 1839
- Coughnet v. EastenbrookNew York Supreme Court · 1814
- Fink v. HallNew York Supreme Court · 1811
3Cited by4 opinions
- Abrams v. FineAppellate Terms of the Supreme Court of New York · 1899
- LeBlanc v. Newby, New York County Courts1933
- Board of Excise of Marion v. TurkNew York Supreme Court · 1873
- Gillilan v. SprattNew York Court of Common Pleas · 1871