Butler v. Kelsey
New York Supreme Court
THIS was an action of slander, in which the defendant 7 suffered iudsrment to be entered by default, and, on a writ of inquiry executed before the sheriff of Dutchess county, 1 v - - the jury assessed the damages to one hundred and forty- ° seven dollars.
1Per curiam
The inquisition ought to be set aside. The writ was executed on Sunday, within the meaning of the statute. There was no necessity for taking the inquisition on Sunday, as the cause might have been adjourned over until Monday. It is not like the case of a trial at a circuit, where a verdict is sometimes taken on- Sunday morning, because the jury must, otherwise, be kept together during Sunday.(a)
On the second ground, also, the inquisition ought to be set aside. Though the plaintiff’s attorney may have acted with good intentions, and from no improper motive, yet if there is any legal or valid…
2Cited by10 opinions
- Lindenmuller v. PeopleNew York Supreme Court · 1861
- Henderson v. ReynoldsSupreme Court of Georgia · 1889
- Pulling v. PeopleNew York Supreme Court · 1850
- Shaw v. WilliamsIndiana Supreme Court · 1882
- Roberts v. Farmers' & Merchants' BankIndiana Supreme Court · 1894
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