Eggleston v. Smiley
New York Supreme Court
IN ERROR, on certiorari to a Justice’s Court. Smiley sued Eggleston in the court below, and recovered a judgment against him.
Read the full summary
IN ERROR, on certiorari to a Justice’s Court. Smiley sued Eggleston in the court below, and recovered a judgment against him. The justice, and one of the jurors who the cause, were half uncles of the plaintiff’s wife ; and the only questions, on the return to the certiorari, were, Aether the justice, on account of his relationship to the plaintiff, was disqualified to act as judge in the cause ; and whether the juror, who was not challenged at the trial, was not subJ . 7 . ° ' ject to the same exception.
1Per curiam
There is nothing in the return that affords ^he jeast color for any pretence of unfairness or injustice in the proceedings before the justice.
Ih the case of Pierce v. Sheldon, (13 Johns. Rep. 191.) the justice was the jather-m-law or the plamtra; and the court ⅛ was, perhaps, questionable, whether he was not, on the ground of that relationship, disqualified to try the cause. It was remarked, that “the gross indecency of an exercise of his judicial power in such a case would induce the court to scrutinize his proceedings with a jealous eye.” In that case, the cause was tried by the justice,…
2Cited by16 opinions
- Woodward v. DeanMassachusetts Supreme Judicial Court · 1873
- Moses v. JulianSupreme Court of New Hampshire · 1863
- People v. ThayerAppellate Division of the Supreme Court of the State of New York · 1909
- Gear v. SmithSuperior Court of New Hampshire · 1837
- People ex rel. Ostwald v. CraverNew York Supreme Court · 1946
11 more not listed; retrieve them via the Exa API.