Bradt v. Peck
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Philander W. Peck, from a judgment of the County Court of Eulton county in favor of the plaintiff,, entered in the office of the clerk of the county of Fulton on the 6th day of October, 1902, affirming a judgment of a justice of the peace of the town of Ephratah, in said county, entered on the 25th day of October, 1901. A jury was duly drawn and sworn in the Justice’s Court, and, after hearing the proofs of the parties, rendered a verdict in favor of…
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Appeal by the defendant, Philander W. Peck, from a judgment of the County Court of Eulton county in favor of the plaintiff,, entered in the office of the clerk of the county of Fulton on the 6th day of October, 1902, affirming a judgment of a justice of the peace of the town of Ephratah, in said county, entered on the 25th day of October, 1901. A jury was duly drawn and sworn in the Justice’s Court, and, after hearing the proofs of the parties, rendered a verdict in favor of the plaintiff. Judgment was entered against the defendant October 25, 1901. On the 7th day of November, 1901,…
1Opinion of the Court
Chase, J.:
At common law judges and jurors related to a party within the ninth degree were disqualified. By chapter 234 of the Laws of 1883. section 4*6 of the Code of Civil Procedure was amended so as to-provide: “ A judge shall not sit as such in * * * a cause orín atter * * * if he is related by consanguinity or affinity to-any party to the controversy within the sixth degree.” By the» same act of the Legislature there was added to section 1166 of said Code the following provision : “ Persons shall be disqualified from sitting as jurors if related by consanguinity or affinity to a party…
2Cited by1 opinion
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