Legal Opinion

People ex rel. Perkins v. Judges of the Court of C. P.

New York Supreme Court

Decided February 15, 1828PublishedCited by 5 opinions

An alternative mandamus had Been granted in this cause i as a return to which the parties agreed to receive the following statement of Irving, first judge, being his opinion on a motion to reinstate the cause in question upon the calendar for trial, after he had refused to non-suit the plaintiff, suffering him to withdraw a juror. The mandamus was, .that the court below vacate the rule to reinstate, or show cause, &c. i “Common Pleas.

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An alternative mandamus had Been granted in this cause i as a return to which the parties agreed to receive the following statement of Irving, first judge, being his opinion on a motion to reinstate the cause in question upon the calendar for trial, after he had refused to non-suit the plaintiff, suffering him to withdraw a juror. The mandamus was, .that the court below vacate the rule to reinstate, or show cause, &c. i “Common Pleas. Anthony A. Jacobus 1 v. V Cyrus PerJans. ) Irving, First Judge. On the trial of this cause, the plaintiff offered in evidence a building contract, between the…

1Opinion of the Court

Cuña.

The' question is, whether a court may "allow a juror to be withdrawn, thus saving the plaintiff from the GCmsequenGeg- Gf a fatal defect in his testimony. If" such a discretion exist as to. any civil case, we are satisfied it existed and was properly applied in this. The modern books are very barren of authority upon the question as to civil causes, though jurors have been withdrawn, and the practice has been sanctioned in criminal cases. The older authorities do not .agree. In Chedwick v. Hughes, (Carth. 465,) Holt, G. J., says it was the opinion "of all the judges of England, upon…

2Cases cited1 opinion

  1. United States v. CoolidgeU.S. Circuit Court for the District of Massachusetts · 1815

3Cited by5 opinions

  1. Miller v. MetzgerIllinois Supreme Court · 1855
  2. Mott v. Consumers Ice Co.New York Court of Common Pleas · 1879
  3. Glendening v. CanaryNew York Court of Common Pleas · 1875
  4. Usborne v. StephensonOregon Supreme Court · 1899
  5. Messenger v. Fourth National BankNew York Court of Common Pleas · 1875

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