Gardner v. Turner
New York Supreme Court
A MOTION was made in behalf of the defendant, for judgment as in case °f nonsuit, for not proceeding to trial in this cause, at the last circuit in Rensselaer county.
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A MOTION was made in behalf of the defendant, for judgment as in case °f nonsuit, for not proceeding to trial in this cause, at the last circuit in Rensselaer county. It appeared that after the cause had been twice passed in the calendar of causes without being brought on, it was again called, ar)f] qle jury were about to be empannelled, when the plaintiff’s attorney presented a challenge to the array, which stated that the clerk of the county, Ms deputy or agent, instead of drawing out °f the box containing the names of jurors, thirty-six names, drew out the number of seventy-two names,…
1Per curiam
The defendant moves for judgment as in case 0f a J)0ns!1it for plaintiff’s default, in not proceeding to trial at the last circuit court, in Jxensselear county, and he is entitled to the effect of his motion, if the plaintiff has been in default. The motion is resisted on the ground that, at the circuit, the plaintiff *261challenged the array, for a supposed misconduct in the clerk, in drawing out seventy-two names, and designating thirty-six of them £o be summoned as jurors to that circuit. This challenge was overruled by the judge, but the plaintiff declined to proceed to trial.
Either party has…
2Cited by8 opinions
- Tide Water Canal Co. v. ArcherCourt of Appeals of Maryland · 1839
- Commonwealth v. WalshMassachusetts Supreme Judicial Court · 1878
- Pringle v. HuseNew York Supreme Court · 1823
- Harris, Norton & Co. v. EllisTexas Supreme Court · 1867
- People v. DamronNew York Supreme Court · 1913
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