Cazneau v. Bryant
The Superior Court of New York City
Motion to have the writ of inquiry, which had been issued upon the defendants’ default to answer, executed before a judge at a trial term or before a special jury. The action was by a female for libel. Defendants failed to answer. Upon issuing a writ of inquiry to assess the damages, the plaintiffs moved to have it executed before the court instead of before a sheriff’s jury.
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Motion to have the writ of inquiry, which had been issued upon the defendants’ default to answer, executed before a judge at a trial term or before a special jury. The action was by a female for libel. Defendants failed to answer. Upon issuing a writ of inquiry to assess the damages, the plaintiffs moved to have it executed before the court instead of before a sheriff’s jury. This motion was denied by the justice before whom it was made, because the reasons did not appear to him sufficient. In consequence of circumstances subsequently transpiring, which raised suspicion that previous…
1Opinion of the CourtWoodruff, J.
—The plaintiffs move that the writ of inquiry, issued upon the default of the defendants to answer, be executed before a judge at a trial term of this court, or before a special or struck jury. The considerations urged by the plaintiffs’ counsel upon the argument of the motion, would, I think, induce me to order the writ of inquiry to be executed at the trial term if the case was before me upon an original application (2 Johns., 107; 3 Ib., 153 ; 13 Wend., 658 ; Graham's Pr., 795, &c.).
But it appears by the papers that the same motion was heretofore made to one of the justices of this court,…
2Cases cited3 opinions
- Mithell v. AllenNew York Supreme Court · 1835
- Ellsworth v. ThompsonNew York Supreme Court · 1835
- Tillotson v. CheethamNew York Supreme Court · 1806
3Cited by7 opinions
- Haskell v. MoranAppellate Division of the Supreme Court of the State of New York · 1907
- Smith v. SpaldingThe Superior Court of New York City · 1864
- Smith v. SpaldingThe Superior Court of New York City · 1864
- Hall v. EmmonsThe Superior Court of New York City · 1870
- Mankleton v. LillyNew York Supreme Court · 1886
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