George v. Fisk

Robertson, Ch. J.

This is an action for a libel, in which, the defendant having failed to appear, the plaintiff procured an order to assess damages by the sheriff’s jury. He now moves to vacate that order, and have the damages assessed by a jury *711before a judge of the" court. No complicated questions of law are shown to arise in the case, or any incapacity on' the part of the sheriff to act, or any difficulty in regard to mitigating circumstances, such as were held to warrant a trial before a judge in Dillaye v. Hart, (8 Abb. Pr. 394,) and Cazneau v. Bryant, (6 Duer, 670.) The question in…