Brisbane v. Macomber
New York Supreme Court
THE plaintiff brought this action against the defendant in a justice’s court in the county of G-enesee. Before the trial commenced, the defendant demanded of the justice that the cause should be tried by a jury. A venire was thereupon issued, and the constable who received it summoned twelve persons to serve as jurors. Only six of the persons summoned appeared, and one of them was excused from further attendance by consent of the parties.
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THE plaintiff brought this action against the defendant in a justice’s court in the county of G-enesee. Before the trial commenced, the defendant demanded of the justice that the cause should be tried by a jury. A venire was thereupon issued, and the constable who received it summoned twelve persons to serve as jurors. Only six of the persons summoned appeared, and one of them was excused from further attendance by consent of the parties. The ballots containing the names of the remaining five were placed in a hat, and from them the justice proceeded to draw the jury. Before the drawing…
1Opinion of the CourtDaniels, J.
The only question presented for consideration in this cause is, whether the justice could properly proceed with the drawing of the jury, while less than six of the persons summoned as jurors appeared before the court. If he could not, then the jury was improperly constituted, and on that account, was without authority to hear the cause.
The proceedings by which a jury is to be obtained in a justice’s court are purely statutory, and should be strictly complied with ; otherwise the judgment rendered cannot be sustained. The principle is a general one in its application to these courts, that the…
2Cited by2 opinions
- Becker v. SitterlyNew York County Court, Montgomery County · 1878
- People v. Kruger, New York County Courts1950