Carman v. Newell
Court for the Trial of Impeachments and Correction of Errors
Error to the Dutchess C. P. Carman sued Newell before a justice and recovered §25 damages, and costs ; which" judgment the common pleas reversed upon certiorari, and the plaintiff brought error to this court. ' The suit before the justice was for fraud, and upon a fraudulent warranty respecting the qualities of a horse purchased by the plaintiff of the defendant; and the defendant plead the general issue. The cause was tried by a jury consisting oí four jurors.
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Error to the Dutchess C. P. Carman sued Newell before a justice and recovered §25 damages, and costs ; which" judgment the common pleas reversed upon certiorari, and the plaintiff brought error to this court. ' The suit before the justice was for fraud, and upon a fraudulent warranty respecting the qualities of a horse purchased by the plaintiff of the defendant; and the defendant plead the general issue. The cause was tried by a jury consisting oí four jurors. Nothing is stated in the return as to any agreement respecting the number of jurors, before the venire was issued, or as to the…
1Opinion of the Court
By the Court, Jewett, J.
The defendant in error has made several points on which he relies to sustain the judgment of reversal of the justice’s -judgment. 1. That it was error, because the suit was tried by only four jurors. The statute (2 R. S. 243, § 95,) enacts that “ the parties may agree upon any number of jurors less than six to try the cause; and the justice shall direct in the venire the summoning of so many jurors as shall be double the number so agreed on.” Whether the parties agreed on the number of four jurors to try the-cause before the venire was issued, or whether it was issued…
2Cases cited1 opinion
- Edwards v. RussellNew York Supreme Court · 1839
3Cited by12 opinions
- Bigelow v. SpragueMassachusetts Supreme Judicial Court · 1886
- Patterson v. CollierSupreme Court of Georgia · 1885
- Zimmerer v. Prudential Insurance Co. of AmericaNebraska Supreme Court · 1948
- Moses v. JulianSupreme Court of New Hampshire · 1863
- Paddock v. WellsNew York Court of Chancery · 1847
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