Knight v. Campbell
New York Supreme Court
APPEAL from a decision of the county court of Monroe county, affirming a judgment of a justice’s court. The action was commenced in a justice’s court, to recover the possession of personal property, alleged in the complaint,' to be of the value of $40. The defendant appeared and answered, denying the complaint, and alleging that the property was the property of one George Knight. Issue being thus joined, the defendant demanded a trial by a jury of twelve men.
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APPEAL from a decision of the county court of Monroe county, affirming a judgment of a justice’s court. The action was commenced in a justice’s court, to recover the possession of personal property, alleged in the complaint,' to be of the value of $40. The defendant appeared and answered, denying the complaint, and alleging that the property was the property of one George Knight. Issue being thus joined, the defendant demanded a trial by a jury of twelve men. The justice decided that he would summon twelve men from whom a jury of six men should be drawn to try the issue. The defendant…
1Dissent
Mullin, P, J.,
(dissenting.)(a) The ground on which the appellant sought to reverse the judgment of the justice is, that the action is what was known at common law as an action of replevin, and that such an action, prior to the adoption of the constitution of 1846, was triable only in a court of record, by a jury of twelve men; and that as section 2 of article 1 of the constitution, declares that fi trial by jury, in all eases in which it has been heretofore used, shall remain inviolate forever,” it was not within the power of the legislature to deprive parties in such actions of the right to…
2Cases cited4 opinions
- Cancemi v. . the PeopleNew York Court of Appeals · 1858
- Clark v. City of UticaNew York Supreme Court · 1854
- Dawson v. HoranNew York Supreme Court · 1868
- People v. KennedyNew York Supreme Court · 1855