Ballard v. Tuyl
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Matilda M. Ballard, from an order of the Supreme Court, made at the Monroe Special Term and entered in the office, of the clerk of the county of Tates on the 25th day of March, 1910, denying the plaintiff’s motion for a new trial.
1Opinion of the Court
Spring, J\:
The action was tried at the Trial Term of this court in the county of Yates, and the verdict was for the defendant.
One of the jurors was related by affinity to the defendant -within the sixth degree and was, therefore, disqualified to sit as a juror in the case. (Code Civ. Proc; § 1166 ; Judiciary Law [Consol. Laws, chap. 30; Laws of 1909, chap. 35], § 15.)
Neither the plaintiff nor her attorney knew of this relationship at the time of the trial. The defendant states in his affidavit that he did not observe that his relative was a juror until the trial was in progress, and he did…
2Cases cited2 opinions
- Cole v. Van KeurenNew York Supreme Court · 1876
- Bradt v. PeckAppellate Division of the Supreme Court of the State of New York · 1903