Woods v. Rowan & Coon
New York Supreme Court
THIS was an action of debt. The declaration was on a penal bond, given by the defendants to the plaintiff, as sheriff of the county of Washington, pursuant to the act relative to gaol liberties. The defendants pleaded a performance of the condition of the bond. The plaintiff replied an escape. The venire was made returnable at the city-hall, of the city of Albany, on the first Monday of August, 1809, and was served by the plaintiff himself, as sheriff.
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THIS was an action of debt. The declaration was on a penal bond, given by the defendants to the plaintiff, as sheriff of the county of Washington, pursuant to the act relative to gaol liberties. The defendants pleaded a performance of the condition of the bond. The plaintiff replied an escape. The venire was made returnable at the city-hall, of the city of Albany, on the first Monday of August, 1809, and was served by the plaintiff himself, as sheriff. The cause was tried at the Washington circuit, in June, 1809, before Mr. Chief Justice Kent. The defendant’s counsel challenged the array. 1.…
1Opinion of the Court
Van Ness, J,
delivered the opinion of the court. If the sheriff no longer possessed the power to select it jury, there certainly could be no objection to his summoning them, in cases where he is himself a party; but I apprehend that the reasons which formerly existed against it, still remain, though I confess their force is considerably diminished.
The reason given for not permitting the sheriff to summon a jury, in his own cause, is because he is not to be trusted to return the jury ; (3 Bl. Com. 354.) and so scrupulous is the law on this subject, that it is a good reason for quashing the…
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