Board of Excise of Marion v. Turk
New York Supreme Court
Appeal from the judgment of the county court of Wayne, affirming the judgment of a justice of the peace. The action was brought against the defendant, James Turk, for a violation of the excise law. The plaintiff at the trial appeared by attorney. The case was tried before a jury who found a verdict in favor of the plaintiff, from which defendant appealed, alleging numerous errors. Those contained in the ninth and tenth grounds of appeal are alone important.
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Appeal from the judgment of the county court of Wayne, affirming the judgment of a justice of the peace. The action was brought against the defendant, James Turk, for a violation of the excise law. The plaintiff at the trial appeared by attorney. The case was tried before a jury who found a verdict in favor of the plaintiff, from which defendant appealed, alleging numerous errors. Those contained in the ninth and tenth grounds of appeal are alone important. They are as follows : “ 9th. The justice erred in receiving the verdict of the jury and entering judgment thereon in the absence of the…
1Opinion of the CourtTal coot, J.
We do not see how the errors, specified in the ninth and tenth grounds, stated in the notice of appeal from the judgment rendered by the justice, are to be avoided. These are, in substance, that the verdict was received by the justice and entered in the absence of the plaintiff The statute on the subject is as follows: “ When the jurors have agreed on their verdict, they shall deliver the same to the justice publicly, who shall enter it in his docket. Previous to receiving it, the justice shall call the plaintiff. If he be absent, and no one appear for him, the verdict shall not be received.”…
2Cases cited2 opinions
- Oakley v. HornNew York Supreme Court · 1839
- Douglass v. BlackmanNew York Supreme Court · 1852