Zeely v. Yansen
New York Supreme Court
ON, the return to the certiorari in this cause, it appeá-red that the justice, for want of a sufficient number ofju-rors w|10 were' summoned on the venire, awarded a tales . ‘ de cixcumstantibus: and the only question was, whether, unt*er 1 act> a justice has power to award a tales.
1Opinion of the Court
Per Curiam,.
The power of awarding a ¿aZes is incident to a court of justice, and essentiafto its proceédings. By -the first section of the act, every justice is invested with all the power usual in courts of record, for the purpose of hearing and trying causes; and the power of awarding a tales, in case of aMefault of the jurors summoned on t.he venire, is a power usual in courts of record. The justice was, therefore, right in ^’awarding a tales; and the judgment below .must be affirmed.
Judgment affirmed.
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- Demeritt v. MilesSuperior Court of New Hampshire · 1851
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