Blake v. Millspaugh
New York Supreme Court
THIS cause was on a cer tiorari from a justice’s court.The present defendant, brought an action against the. pre- , . . „ , c . v c , c , . sent plaintiff, before a justice of the peace, tor the penalty °f twenty-five dollars, for taking excessive toll on the turnpike-road, from Newburgh to Cochechton, contrary to the provisions of the act establishing the turnpike.† On the jurors being called, the defendant objected to one of them, alleging as a cause of challenge, that the…
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THIS cause was on a cer tiorari from a justice’s court.The present defendant, brought an action against the. pre- , . . „ , c . v c , c , . sent plaintiff, before a justice of the peace, tor the penalty °f twenty-five dollars, for taking excessive toll on the turnpike-road, from Newburgh to Cochechton, contrary to the provisions of the act establishing the turnpike.† On the jurors being called, the defendant objected to one of them, alleging as a cause of challenge, that the juror had previously expressed his opinion, that the toll so taken by the defendant, was unlawful and not authorised by…
1Per curiam
We think the challenge was well taken. That a juror had previously given an opinion on the very question, in controversy, was a valid exception to his being sworn to try the cause; the defendant’s proceeding to trial on the merits, afterwards, is no waiver of the exception, nor does it preclude him from alleging the misdirection of the judge, as error.
Judgment reversed.
2Cited by12 opinions
- Coughlin v. PeopleIllinois Supreme Court · 1893
- Ex parte VermilyeaNew York Supreme Court · 1826
- Brown v. StateMississippi Supreme Court · 1879
- State v. SawtelleSupreme Court of New Hampshire · 1891
- People v. VermilyeaNew York Supreme Court · 1827
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