Stedman v. Batchelor
New York Supreme Court
Appeal from special term, Jefferson county. Action by George W. Stedman as assignee of Charles E. Stedman against John Batchelor, sheriff of Oneida county, for conversion. Plaintiff moved to set aside the verdict and for a new trial, on which the following opinion was rendered by Williams, J.: “Motion by plaintiff to set aside a verdict, and for a new trial, on the ground that one of the jurors was a deputy appointed by the defendant, sheriff of Oneida county.
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Appeal from special term, Jefferson county. Action by George W. Stedman as assignee of Charles E. Stedman against John Batchelor, sheriff of Oneida county, for conversion. Plaintiff moved to set aside the verdict and for a new trial, on which the following opinion was rendered by Williams, J.: “Motion by plaintiff to set aside a verdict, and for a new trial, on the ground that one of the jurors was a deputy appointed by the defendant, sheriff of Oneida county. The action was for the conversion of personal property. The taking alleged to have constituted a conversion was by a deputy of…
1Opinion of the CourtHardin, P. J.
We think the opinion of Mr. Justice Williams, delivered upon denying the motion, fairly states the facts involved in the motion, and accurately quotes the law applicable to the same.
In chapter 416, Laws 1877, p. 463, section 1180 of the Code of Civil Procedure was amended by inserting at the commencement thereof this sentence: “An objection to the qualifications of a juror is available only upon a challenge.” It may be conceded that a good ground for a challenge existed at the time the jury was impaneled; but the party in whose favor the challenge might have been made available waived his…
2Cases cited8 opinions
- People v. JewettNew York Supreme Court · 1831
- Clark v. Van VranckenNew York Supreme Court · 1855
- Eggleston v. SmileyNew York Supreme Court · 1819
- Dayharsh v. . Enos.New York Court of Appeals · 1851
- Cole v. Van KeurenNew York Supreme Court · 1876
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3Cited by1 opinion
- Petrie v. WilliamsNew York Supreme Court · 1895