Dillaye v. Hart
New York Supreme Court
Application for judgment. The action was for assault and battery. The defendant appeared, but did not plead to the complaint, and the plaintiff now applied to the court for the relief demanded. In so doing, he moved for an order that the damages be assessed at the circuit, instead of by a sheriff’s jury.
1Opinion of the CourtClerke, J.
The writ of inquiry is superseded by the Code of Procedure, which directs, where the action does not arise upon contract for the recovery of money only, and the defendant fails to answer, that the court, upon application for judgment, if damages *395for any tort are sought to be recovered, may order them to be assessed by a jury. Whether this includes a sheriff’s jury, it is, perhaps, not necessary on this occasion to inquire. -It is quite certain that the court retains the power to have the damages assessed at the circuit.
I am not at all afraid that the political predilections of the sheriff…
2Cited by2 opinions
- George v. FiskThe Superior Court of New York City · 1866
- O'Donnell v. HeckerCity of New York Municipal Court · 1886