Brown v. Clark
New York Supreme Court
moved for a venire de novo to be awarded in this cause, or that the record be remitted to the court of common pleas of the county of Oneida, with directions to issue a venire de novo in that court.
Read the full summary
moved for a venire de novo to be awarded in this cause, or that the record be remitted to the court of common pleas of the county of Oneida, with directions to issue a venire de novo in that court. It appeared that Brown, the plaintiff in error, had recovered judgment in the court of common pleas of Oneida, against the defendant in error, on which a writ of error was brought to this court, on a bill of exceptions ; and that the judgment was reversed at the last term. • The bill of exceptions was merely to the opinion of the court be- ^ . i • • low, in admitting a note in evidence, and did not…
1Per curiam
In judgment of law, the record itself is removed into this court, from the court of common pleas, though, -in fact, a transcript only is sent up here. This court, therefore, has power to award a venire de novo, returnable at a circuit court, as was done in the case of Grant v. Astle, (Doug. 722.) and as was admitted to be the rule, by Lord Mansfield, in the case of Harwood v. Goodright. (Cowper, 89, 90.)
The case of Davis v. Pierce, (2 Term Rep. 125. is very much in point, as the writ of error there, was on a bill of exceptions from a court in Wales, as to the admission of evidence. The…
2Cited by2 opinions
- Flower v. AllenCourt for the Trial of Impeachments and Correction of Errors · 1825
- United States v. SawyerU.S. Circuit Court for the District of Massachusetts · 1812