Pringle v. Huse
New York Supreme Court
This cause was noticed for trial at the last Otsego Circuit and on the 18th day of September last, was called in its place on the calendar and was moved for trial on the morning of the 19th. The plaintiff challenged the first juror drawn, to the favour, on the ground that he had expressed an opinion in the cause against the plaintiff, after he had been summoned as a juror.
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This cause was noticed for trial at the last Otsego Circuit and on the 18th day of September last, was called in its place on the calendar and was moved for trial on the morning of the 19th. The plaintiff challenged the first juror drawn, to the favour, on the ground that he had expressed an opinion in the cause against the plaintiff, after he had been summoned as a juror. Two other jurors, were then drawn, and not being challenged, they sat without objection as triors of the challenge to the first. Two witnesses were sworn and examined before them on the issue upon the challenge. One of…
1Opinion of the Court
Curia, per Savage, Ch. J.
The statute(b) directs, that the names of jurors shall be rolled up on slips of paper or parchment, as nearly of one size as may be, and drawn by the Clerk; and his conduct was certainly very reprehensible in keeping the ballot box in the situation described. The challenge, being a principal one, ought regularly to have been tried by the Court; but there was no impropriety in swearing the challenged juror, as a witness.(c) The cause of the challenge was not such an one as went to his dishonor ;(d) for nothing appears~ but that his opinion may have been given as an…
2Cases cited5 opinions
- Commonwealth v. RyanMassachusetts Supreme Judicial Court · 1809
- Durell v. MosherNew York Supreme Court · 1811
- Mechanics & Farmers' Bank v. SmithNew York Supreme Court · 1821
- Brown & Hotchkiss v. CookNew York Supreme Court · 1812
- Gardner v. TurnerNew York Supreme Court · 1812
3Cited by8 opinions
- Union Gold Mining Co. v. Rocky Mountain National BankSupreme Court of Colorado · 1875
- State v. SawtelleSupreme Court of New Hampshire · 1891
- People v. VermilyeaNew York Supreme Court · 1827
- Boon v. StateSupreme Court of Georgia · 1846
- Conkey v. Northern BankWisconsin Supreme Court · 1858
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