Santee v. Standard Publishing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal-by the defendant, The Standard Publishing Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Cortland on the 2d day of February, 1898, upon the verdict of a jury for $600, and also from an order entered in said. clerk’s office on the 3d day of February, 1898, denying the defendant’s motion for a new trial.
1Opinion of the Court
Herrick, J.:
The regular panel of jurors summoned by the sheriff having been exhausted, the court had a right to direct talesmen to be summoned from the bystanders in order to fill up the jury for this case. (Code Civ. Proe. §§ 1171, 1172.)
Section 11-74 provides that any person so notified to attend- must attend forthwith, and, “ unless excused by the court or set aside, must serve as a juror upon the trial.” Under this clause it is contended that the act of the court in discharging Juror Hout was not error.
It will be observed that the section says the juror shall serve - “ unless excused or…
2Cases cited2 opinions
- People v. . McQuadeNew York Court of Appeals · 1888
- Hildreth v. . City of TroyNew York Court of Appeals · 1886
3Cited by2 opinions
- People v. DennisNew York Supreme Court · 1928
- Torelli v. Eastman Kodak Co.Appellate Division of the Supreme Court of the State of New York · 1940