Poucher v. Livingston
New York Supreme Court
Motion for a struck jury. There are two causes, one assumpsit on a promissory note for $1000, in which the defence is forgery, the other slander for alleging the note to be a forgery. The controversy has excited much speculation and interest. The connexions of the parties are numerous and respectable. The venue is laid in the county of Columbia, and the defendant applies for a struck jury, either from a foreign county, or of the county where the venue is laid.
1Opinion of the Court
By the Court, Sutherland, J.
The statute authorizes the court to grant a struck jury only in cases of intricacy and importance. The testing the genuineness of a signature to a note is not a question of intricacy demanding more than ordinary intelligence, although it may be difficult to come to a satisfactory conclusion. Nor is this a case of importance within the meaning of the statute. It may highly interest the parties and their friends, but the public have no particular interest in the matter. Where public officers have been libelled for acts done in their official capacity, suits brought…
2Cited by6 opinions
- In re DavisNew York Court of Common Pleas · 1877
- People v. McGuireNew York Supreme Court · 1872
- Jerome v. New York Evening Journal Pub. Co.Appellate Division of the Supreme Court of the State of New York · 1908
- Lommen v. Minneapolis Gaslight Co.Supreme Court of Minnesota · 1896
- Spencer v. SampsonNew York Supreme Court · 1804
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