Diveny v. . City of Elmira
New York Court of Appeals
' Appeal from judgment of the General Term of the Supreme Court in the sixth judicial district in favor of the plaintiff, entered upon an order denying a motion for a new trial and directing judgment upon a verdict.
Read the full summary
' Appeal from judgment of the General Term of the Supreme Court in the sixth judicial district in favor of the plaintiff, entered upon an order denying a motion for a new trial and directing judgment upon a verdict. The action was brought to recover damages alleged to have been sustained by plaintiff by reason of his falling through, down or upon a defective sidewalk in the city of Elmira, in the month of July, 1864. The action was tried at the Circuit and a verdict was rendered for the plaintiff, whereupon the court ordered a stay of proceedings, and that a motion for a new trial upon a case…
1Opinion of the Court
Earl, C.
The action was brought to trial in the city of Elmira, and the case states that when the cause was moved for trial twelve jurors were drawn and answered to their names; and thereupon plaintiff’s counsel objected to six of the jurors, on the ground that they were incompetent by reason of their being residents and tax-payers of the city of Elmira. The defendant’s counsel claimed and insisted to the court that the six jurors were not incompetent for the reason stated, and objected to their being excused or excluded from the jury; but the court sustained the objection and held the six…
2Cases cited5 opinions
- Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
- Commonwealth v. RyanMassachusetts Supreme Judicial Court · 1809
- Hutson v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1853
- Hyatt v. Trustees of RondoutNew York Supreme Court · 1863
- Nicoll v. DunlapNew York Supreme Court · 1807
3Cited by20 opinions
- Tumey v. OhioSupreme Court of the United States · 1927
- United States v. WoodSupreme Court of the United States · 1936
- City of Dallas v. PeacockTexas Supreme Court · 1895
- North v. StateSupreme Court of Florida · 1952
- Pearcy v. Michigan Mutual Life InsuranceIndiana Supreme Court · 1887
15 more not listed; retrieve them via the Exa API.