Ellsworth v. Thompson
New York Supreme Court
Writ of inquiry executed at the circuit. This was an action for an assault and battery. The defendant having suffered a default, the plaintiff obtained a rule to have a writ of inquiry executed at the circuit in the county where the venue was laid.
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Writ of inquiry executed at the circuit. This was an action for an assault and battery. The defendant having suffered a default, the plaintiff obtained a rule to have a writ of inquiry executed at the circuit in the county where the venue was laid. He accordingly appeared at the circuit, and prayed that the writ might be executed, and proposed that the names of twelve jurors to take the inquisition should be drawn from the box containing the names of the jurors summoned to attend the circuit. To this the counsel for the defendant objected, insisting that the sheriff should summon such jurors…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The first question arises upon the regularity of the proceedings. It is certainly singular that the practice in cases like the present has never been settled. Instances have been numerous in which writs of inquiry have been executed at the circuits, and the course pursued in this case is that which has been usual on such occasions, as was remarked by the circuit judge.
There seems to be no rule of court or adjudication upon the subject. The oldest dictum to be found is in 12 Mod. 620. It is anonymous, and is as follows : “ Holt, Chief Justice. A judge of nisi priüs,…
2Cited by7 opinions
- Huber v. TeuberDistrict of Columbia Court of Appeals · 1881
- Cazneau v. BryantThe Superior Court of New York City · 1857
- Elsey v. International Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Bornstein v. FadenNew York Supreme Court · 1914
- Colorado Springs Co. v. HewittSupreme Court of Colorado · 1877
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