Reynolds v. Bedford
New York Supreme Court
ON a certiorari in these causes to a justice’s court, the errors relied on were, that in one it appeared on the face of the record, the justice overruled a demurrer to evidence, without any demand of judgment from the opposite party, on his having joined m it ; till which period, it was contended, there was no issue in law» That in the other, the constable, though said to be duly sworn, appeared not to have been so, as the oath set out was only, “ to attend the Í6 U said…
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ON a certiorari in these causes to a justice’s court, the errors relied on were, that in one it appeared on the face of the record, the justice overruled a demurrer to evidence, without any demand of judgment from the opposite party, on his having joined m it ; till which period, it was contended, there was no issue in law» That in the other, the constable, though said to be duly sworn, appeared not to have been so, as the oath set out was only, “ to attend the Í6 U said jury, and to keep them together in a private place, until they had agreed on their verdictand that in both cases the…
1Per curiam
In the first of these causes, we think there is no error in the point relied on. The justice, in our opinion, was correct, in overruling the demurrer. The act conferring jurisdiction to justices of the peace, gives to either party the right of trial by jury ; and,when it is considered generally, that the justices cannot be much acquainted with the science of the law, it cannot be important to the parties litigant, to draw the examination of facts from the jury, to the court. An act of the last session, enables every party aggrieved, to obtain a special return of the facts ;† and this we…
2Cited by1 opinion
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