Durell v. Mosher
New York Supreme Court
IN error, on certiorari, from a justice’s court. Mosher brought an action of trover against Durell, before the justice, for sheep.
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IN error, on certiorari, from a justice’s court. Mosher brought an action of trover against Durell, before the justice, for sheep. A venire was issued, and returned, and the defendant objected to two of the jurors on the panel, that they had sat as jurors on a former trial between the parties, as to the same subject matter of controversy: but it appeared, that that cause had been dismissed, without any verdict . . . . being given, and the justice, therefore, admitted the jurors, in this cause. The defendant then objected to another juror, because that he had said, in a conversation about the…
1Per curiam
The objection to the jurors was unfounded. The third juror objected to, had given no decided opinion on the merits of the cause. His declaration was hypothetical. Though a demand and refusal of, the sheep was not proved; yet the promise by the defendant to return them, and a failure to do so, was evidence of a conversion. The judgment must be affirmed.
Judgment affirmed.
2Cited by18 opinions
- Ex parte VermilyeaNew York Supreme Court · 1826
- State v. SawtelleSupreme Court of New Hampshire · 1891
- People v. McCauleyCalifornia Supreme Court · 1851
- Lockwood v. BullNew York Supreme Court · 1823
- Lloyd v. NourseSupreme Court of Pennsylvania · 1829
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