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…
1Opinion of the CourtJohnson, J.
The decision of the county court and of the justice were in accordance with the decision of this court, at general term in the seventh judicial district, in the case of Dawson v. Horan, (51 Barb. 459,) and was com rect, unless that decision is to be overruled as contrary to law. The same question was raised in that case as in this. *21that the legislature has no power, by enlarging the jurisdiction of a justice, to deprive the defendant of the right to have his cause tried by a jury of twelve men. That was an action to recover the value of labol4 and services, under the act of 1861, increasing…
2Cases cited3 opinions
- Wynehamer v. . the PeopleNew York Court of Appeals · 1856
- Dawson v. HoranNew York Supreme Court · 1868
- Baxter v. PutneyOneida County Court · 1868
3Cited by2 opinions
- People v. Siciliano, New York County Courts1952
- People ex rel. Eckler v. ClarkNew York Supreme Court · 1881