Haight v. Holley
New York Supreme Court
This was an action of debt against a sheriff for the escape of a defendant in execution, tried at the Columbia circuit, in April, 1828, before the Hon. William A. Duer, one of the circuit judges, jo The declaration set forth a judgment in favor of the plaintiffs against William Badgley for $1184,40, the issuing of a Ca. sa., the arrest of the defendant in the execution, and his escape on the 7th September, 1827. The defendant pkacled in abatement that on the seventh day of…
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This was an action of debt against a sheriff for the escape of a defendant in execution, tried at the Columbia circuit, in April, 1828, before the Hon. William A. Duer, one of the circuit judges, jo The declaration set forth a judgment in favor of the plaintiffs against William Badgley for $1184,40, the issuing of a Ca. sa., the arrest of the defendant in the execution, and his escape on the 7th September, 1827. The defendant pkacled in abatement that on the seventh day of September, 1827, the-plaintiffs sued out a capias against the defendant, tested 18th August, 1827, returnable on the…
1Opinion of the Court
By the Court,
Marcy, J.
The statute regulating the drawing and summoning juries, has made the jury process almost a matter of mere form ; and in civil cases no defects in the venire, or irregularity in the issuing or return of it, will be now permitted to affect a judgment, or the proceedings at the trial. Even if the ancient strictness were adhered to," I do not consider the objection that the venire did not contain a tarn quam cause, well founded. The case did not require such venire. (6 Cowen, 48. 1 Wendell, 115.) The plea was defective, and, strictly construed, did not interpose any matter…
2Cases cited1 opinion
- Brown v. GenungNew York Supreme Court · 1828
3Cited by20 opinions
- Marie v. . GarrisonNew York Court of Appeals · 1880
- United States v. BabbitSupreme Court of the United States · 1862
- State v. HardenWest Virginia Supreme Court · 1907
- Thurber v. MillerCourt of Appeals for the Eighth Circuit · 1895
- Green v. StateCourt of Appeals of Maryland · 1882
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