Adams v. Morgan

DYKMAN, J..This is an appeal from an order directing a special jury to be struck for the trial of this action. The action is for libel, and the answer contains a general denial, facts in justification, and facts in mitigation of damages. The provision of the Code upon which the motion was made is .this: “Where it appears to the court that a fair and impartial trial of an issue of fact, triable by a jury, joined in an action pending in the supreme court or in the superior city court, cannot be had without a struck jury, or that the importance or intricacy ot the case requires such a jury, the…