Hardenburgh v. Crary
New York Supreme Court
Motion to set aside verdict for irregularity. The action was tried at the Sullivan circuit, held in June, 1857. The plaintiff recovered a verdict for $500. One of the jurors who rendered the verdict was Wilson D. Spaulding. He was drawn and summoned as one of the regular panel for the circuit. He attended on the first day of the circuit, but did not arrive at the court-house until just after the panel had been called and sworn.
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Motion to set aside verdict for irregularity. The action was tried at the Sullivan circuit, held in June, 1857. The plaintiff recovered a verdict for $500. One of the jurors who rendered the verdict was Wilson D. Spaulding. He was drawn and summoned as one of the regular panel for the circuit. He attended on the first day of the circuit, but did not arrive at the court-house until just after the panel had been called and sworn. He continued to attend as a juror during the circuit, and was called and sat as a juror, without being sworn, in this and five other causes, without objection. The…
1Opinion of the Court
Harris, Justice.
The statute requires that at the opening of a circuit court,- the clerk shall deposit in a box, ballots containing the names of all the persons returned as jurors; and when an issue shall be brought on for trial, he shall, under the direction of the court, draw out of the box a sufficient number of ballots to constitute a j ury, and the first twelve persons who appear as' their names are drawn and called, and shall be approved as indifferent between the parties, shall be sworn, and shall be the jury to try such issue. In practice, this mode of proceeding is never followed.…
2Cases cited2 opinions
- the People v. Ransom.New York Supreme Court · 1831
- People ex rel. Wands v. Albany C. P.New York Supreme Court · 1831
3Cited by9 opinions
- Slaughter v. StateSupreme Court of Georgia · 1897
- Ross v. Grand Pants Co.Supreme Court of Missouri · 1912
- Collinson v. Wier, New York County Courts1915
- Merrill v. City of St. LouisMissouri Court of Appeals · 1882
- Fulton v. Yuill, New York County Courts1898
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