Cain v. Ingham
New York Supreme Court
This cause being called for trial at the circuit, and there being a deficiency of jurors in the regular panel, a tales de drcumstantibus was awarded; and the sheriff summoned on the spot one Olapsaddle, whose father had married the widow of the defendant’s brother.' Clapsaddle’s father died before the trial; and his widow, also the widow of the defendant’s brother, lived in the house with Olapsaddle.
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This cause being called for trial at the circuit, and there being a deficiency of jurors in the regular panel, a tales de drcumstantibus was awarded; and the sheriff summoned on the spot one Olapsaddle, whose father had married the widow of the defendant’s brother.' Clapsaddle’s father died before the trial; and his widow, also the widow of the defendant’s brother, lived in the house with Olapsaddle. The verdict being for the defendant, a motion was now made, in behalf of the plaintiff, to set aside the verdict for ’ 1 1 the incompetency of the juror. As an excuse for not challenging the…
1Opinion of the Court
Curia.
There was no kindred or subsisting affinity between the defendant and the talesman, which could operate as a principal cause of challenge.(a) At most, the facts alleged would have been evidence before triors, on a challenge to the favor. The triors might have found for or against Olapsaddle’s competency, according as they should believe him indifferent or not. It is going too far to say, that matter of mere evidence upon a challenge to the favor, matter which is undefined, and infinitely diversified and multifarious, shall be a cause for setting aside a verdict, when it is accompanied…
2Cited by4 opinions
- Moses v. JulianSupreme Court of New Hampshire · 1863
- Miller v. StateSupreme Court of Georgia · 1896
- Stedman v. BatchelorNew York Supreme Court · 1888
- Wixom v. RandazoNew York County Court, Putnam County · 1934