Watkins v. Weaver
New York Supreme Court
IN ERROR, on certiorari, from a justice’s court. Weaver brought an action, before the justice, against Watkins, as a constable, for not executing and returning an execution in favour of the plaintiff, against one Bisbee, according to law. In February, 1812, Aaron Burnett, as attorney of the plaintiff, appeared and declared for him, against the defendant.
Read the full summary
IN ERROR, on certiorari, from a justice’s court. Weaver brought an action, before the justice, against Watkins, as a constable, for not executing and returning an execution in favour of the plaintiff, against one Bisbee, according to law. In February, 1812, Aaron Burnett, as attorney of the plaintiff, appeared and declared for him, against the defendant. Issue was joined, and a trial by jury demanded by Burnett, as attorney for the plaintiff; and being a constable of the county, he, at the same time, asked permission of the defendant, who knew that it was contrary to the act, to summon the…
1Per curiam
The only objection taken to the return is, that the challenge to the array was overruled. It was made on the ground that Burnett, the constable who had summoned the jury, had previously appeared as the plaintiff’s attorney. The justice overruled the challenge, because the defendant had, previous to the issuing of the venire, consented, in open court, (an entry of which was entered on the minutes at the time,) that Burnett should summon the jury, notwithstanding he was the plaintiff’s advocate. The words of the statute, relating to this subject, are, « That no constable, serving the original,…
2Cited by3 opinions
- Patterson v. ThompsonSupreme Court of Arkansas · 1862
- Miles v. PulverNew York Supreme Court · 1846
- Wakeman v. SpragueNew York Supreme Court · 1827