Louw v. Davis
New York Supreme Court
IN ERROR, on certiorari to a justice’s court. Davis, the plaintiff in the court below, brought an action against Lomo, the defendant below, for negligence in not defending a suit brought against him, the plaintiff, in the court of common pleas of Seneca county. A venire was issued in the cause, directed to any constable of the county, and was executed by a constable of the town of Ovid, but the jurors were taken from the town of ' Romulus, where the cause was tried.
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IN ERROR, on certiorari to a justice’s court. Davis, the plaintiff in the court below, brought an action against Lomo, the defendant below, for negligence in not defending a suit brought against him, the plaintiff, in the court of common pleas of Seneca county. A venire was issued in the cause, directed to any constable of the county, and was executed by a constable of the town of Ovid, but the jurors were taken from the town of ' Romulus, where the cause was tried. There was a challenge to the array, which wás overruled by the justice. The defendant pleaded a former trial for the same cause…
1Per curiam
With respect to the effect of the former trial, there appears to have been no decision made by the justice; and it might be fairly inferred, from this circumstance, that the defence on this ground was not persisted in: but there could be no objection to the plaintiff’s waiving any claim for the negligence ; this was a distinct cause of action, and founded in torh The other objection, however, is fatal. The statute requires the venire to be directed to a constable of the city or town where the cause is to be tried, commanding him to sum, mon, &c. The direction of a venire is different from…
2Cited by4 opinions
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