Legal Opinion

Livingston v. Columbian Insurance

New York Supreme Court

Decided May 15, 1804PublishedCited by 2 opinions

Bogeet, in behalf of the defendants, moved for a struck jury in this cause, on an acknowledgment from the attoi ney of the plaintiff of service of notice of the motion, hut this was not accompanied with any affidavit of the importance or intricacy of the cause.

1Opinion of the Court

Per Ouriam.

The court ought to be satisfied that the cause is either intricate or important, (vide ante, vol. 1, p. 498; Spencer v. Sampson, Foot v. Croswell,) and that by affidavit.

1ST. B. The court seemed inclined against the granting of struck juries, as a matter of course, on a mere formal affidavit.

2Cited by2 opinions

  1. Lommen v. Minneapolis Gaslight Co.Supreme Court of Minnesota · 1896
  2. Walsh v. Sun Mutual InsuranceThe Superior Court of New York City · 1864