Legal Opinion

Coon v. Snyder

New York Supreme Court

Decided January 15, 1822PublishedCited by 2 opinions

IN ERROR, on certiorari, to a Justice’s Court. Snyder sued Coon before the Justice, and, after issue joined, Coon required an adjournment, and gave security. He demanded a venire, which was issued and delivered to him. On the day appointed for the trial, Coon did not appear, nor was the venire returned, nor did a jury appear. The Justice proceeded to try the cause, and gave judgment for the plaintiff below.

1Per curiam

It is not pretended, that there was any other irregularity in the proceedings than this: that the Justice himself tried the cause, after a venire had been called for, and issued.

The statute gives to either party the right of electing to have a trial by jury. It was competent to the Justice to deliver the venire to the constable himself; and he was not bound, as is erroneously supposed by some, to deliver it tp either party. Here, however, he did deliver it to the defendant below, who, undoubtedly, suppressed it, mala fide, and for the very purpose of preventing a trial. We are of the opinion,…

2Cited by2 opinions

  1. Beach v. President of the Fulton BankCourt for the Trial of Impeachments and Correction of Errors · 1829
  2. Wood v. . SniderNew York Court of Appeals · 1907

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