Wakeman v. Sprague
New York Supreme Court
Oh this cause being called at the last Oneida circuit, Williams, 0. Judge, presiding, the defendant interposed a challenge to the array as follows: “ Because he saith that the panel of the jurors drawn and made, and by whom the truth of the matter was to be known between the said Burr Wakeman, plaintiff and the said Ezra Sprague, fendant, was drawn, arrayed and made by John H. Ostram, county clerk of the county of Oneida, from the body of which county, the jury aforesaid…
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Oh this cause being called at the last Oneida circuit, Williams, 0. Judge, presiding, the defendant interposed a challenge to the array as follows: “ Because he saith that the panel of the jurors drawn and made, and by whom the truth of the matter was to be known between the said Burr Wakeman, plaintiff and the said Ezra Sprague, fendant, was drawn, arrayed and made by John H. Ostram, county clerk of the county of Oneida, from the body of which county, the jury aforesaid come; and that he the said John H. Ostram was, at the time of the drawing of the jury, aforesaid, and at the time of making…
1Opinion of the Court
Curia.
It was no doubt well settled, at common law, that the empanelling of a jury by the attorney of either party, was cause of principal challenge to the array. (Baylis v. Lucas, 1 Cowp. 112. Wathins v. Weaver, 10 John. 107.) These were cases of the empanelling and summon ing officer, who was attorney for the party. And under our system of selecting and summoning jurors *in courts of record, by which the sheriff has no legal power of choice, it has been holden a good cause of challenge, that he, (being a party,) summoned the jury. (Woods v. Rowan, 5 John. 133.) He may abuse his power by…
2Cases cited3 opinions
- Gardner v. TurnerNew York Supreme Court · 1812
- Woods v. Rowan & CoonNew York Supreme Court · 1809
- Watkins v. WeaverNew York Supreme Court · 1813
3Cited by1 opinion
- People v. . DamronNew York Court of Appeals · 1914