Legal Opinion

Zeely v. Yansen

New York Supreme Court

Decided August 15, 1807PublishedCited by 7 opinions

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.

2Cited by7 opinions

  1. Capital Traction Co. v. HofSupreme Court of the United States · 1899
  2. Boardman v. ThompsonSupreme Court of Iowa · 1868
  3. Gray v. . HookNew York Court of Appeals · 1851
  4. Capital Traction Co. v. HofSupreme Court of the United States · 1899
  5. Demeritt v. MilesSuperior Court of New Hampshire · 1851

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