Olney v. Bacon
New York Supreme Court
ERROR on certiorari from a justice’s court. The declaration was on a bill, to which the defendant below pleaded the general issue. The bill was shewn to the justice who inspected it, but no proof was called for, or offered. In this stage of the cause, the defendant demanded a trial by jury; but the justice refused to issue a venire, and proceeded to the trial, arid gave judgment for the plaintiff.
1Per curiam
The trial had not commenced by merely taking up and inspecting the bill, which was put in issue by the plea. The defendant was not too late in his demand of a jury, and a venire ought to have been awarded.
Judgment reversed.
2Cited by2 opinions
- Gale v. BarnesNew York Supreme Court · 1823
- Bayless v. CranyNew York Supreme Court · 1823