Edwards v. Russell
New York Supreme Court
Error, from the Broome common pleas. Russell commenced a suit by summons against B. & C. Edwards in a justice’s court. After issue joined and the return of a venire sued out at the request of the defendants, the defendants moved for a nonsuit, on the ground that the plaintiff and the justice were cousins, offering to prove the fact should it be denied.
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Error, from the Broome common pleas. Russell commenced a suit by summons against B. & C. Edwards in a justice’s court. After issue joined and the return of a venire sued out at the request of the defendants, the defendants moved for a nonsuit, on the ground that the plaintiff and the justice were cousins, offering to prove the fact should it be denied. The justice returned that he answered that such was the general understanding, and that after some arguments on both sides he rendered judgment against the plaintiff for two dollars and forty cents costs of suit. The plaintiff sued out a…
1Opinion of the Court
By the Court,
Cowen, J.
It is declared by statute that “ no judge of any court can sit as such in any cause to which he is a party, or in which he is interested, or in which he would be excluded from being a juror by reason of consanguinity or affinity to either of the parties.” 2. R. S. 204, § 2, 2d ed. It is not denied that this applies to a justice. But'it is said, first, that no proof of relationship was given, and the justice,could not take judicial notice of it. Enough is collectable from the return, to warrant us in saying that it was admitted. I think, however, he may withdraw himself…
2Cited by29 opinions
- In re NevittCourt of Appeals for the Eighth Circuit · 1902
- McClaughry v. DemingSupreme Court of the United States · 1902
- Deming v. McClaughryCourt of Appeals for the Eighth Circuit · 1902
- Abrams v. StateCourt of Criminal Appeals of Texas · 1893
- Converse v. McArthurNew York Supreme Court · 1854
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