Miles v. Pulver
New York Supreme Court
Error to the Yates common pleas. Miles sued Catharine Pulver in trover; and issue being joined, the cause was tried on an adjourned day by a jury summoned at the instance of the defendant.
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Error to the Yates common pleas. Miles sued Catharine Pulver in trover; and issue being joined, the cause was tried on an adjourned day by a jury summoned at the instance of the defendant. On the return of the venire and before the jury was drawn, the plaintiff challenged the" array on the grounds, 1st, that the constable who served the venire had appeared as the attorney for the defendant, and joined issue; and 2d, that the said constable had, as the agent of the defendant, engaged a lawyer to try the cause on her behalf. The defendant denied the allegations ; and Eaton, the constablé…
1Opinion of the CourtJewett, J.
The challenge to the array was for, principal; cause, and the question presented for our determination is whether it was properly overruled. It is highly, important to the due administration of justice, that every trial should be fair and impartial: and to attain this end; it is obvious that jurors must be indifferent between the parties litigant. This cannot well be expected, unless the officer whose duty it is to select them is free from bias or partiality. The law presumes that the attorney or counsellor of a party is not thus free from bias, and therefore holds it a good ground of…
2Cases cited2 opinions
- Phinney v. EarleNew York Supreme Court · 1812
- Watkins v. WeaverNew York Supreme Court · 1813
3Cited by2 opinions
- Eldredge v. McNulty, New York County Courts1864
- Hodge v. AdeeNew York Supreme Court · 1870