Tillotson v. Cheetham
New York Supreme Court
A motion was made on the part of the defendant, to set aside the inquisition, taken on the writ of inquiry in this case. The writ was executed before a deputy slier-» iff in the city of Albany, and the damages assessed at $1400. The grounds of application were, for irregularity ¡ and for excessive damages; a motion was also made that an inquest should be taken before one of the judges of this court.
Read the full summary
A motion was made on the part of the defendant, to set aside the inquisition, taken on the writ of inquiry in this case. The writ was executed before a deputy slier-» iff in the city of Albany, and the damages assessed at $1400. The grounds of application were, for irregularity ¡ and for excessive damages; a motion was also made that an inquest should be taken before one of the judges of this court. The affidavits st.ated, that no evidence was .offered to the jury on the' inquest, except the newspaper, containing the supposed libel, and that the testimony of witnesses attending to be.…
1Opinion of the Court
Kent, Ch. J.
delivered the opinion of the court.
The first question arising upon this motion is, whether the writ of inquiry was well executed before the deputy sheriff.
This appeared to me upon the argument to be a novel objection ; for it has been usual to execute writs of inquiry before the deputy, with as little hesitation as before the sheriff. It has been taught us by the best books of practice, that the form of a ticket to. a witness, subpeenaed before a jury of inquiry, is to appear before the sheriff or under sheriff. (Rich. C. B. practice, vol. 1. 149.) The cases of Ketle v. Bromsell,…
2Cited by18 opinions
- Coffin v. CoffinMassachusetts Supreme Judicial Court · 1808
- Underwood v. McDuffeeMichigan Supreme Court · 1867
- Root v. King & VerplanckNew York Supreme Court · 1827
- Daniels v. PeopleMichigan Supreme Court · 1859
- Shoultz v. McPheetersIndiana Supreme Court · 1881
13 more not listed; retrieve them via the Exa API.