Stone v. O'Neil
New York Supreme Court
Motion to withdraw a juror and for a mistrial on the ground of the misconduct of a juror.
1Opinion of the CourtDavis, J.
When this trial commenced the names of . eighteen jurors from the regular panel were in the box, and counsel were seasonably informed of the number remaining, as the examination progressed. Upon the examination two were peremptorily challenged by the plaintiff and five by the defendant. Counsel then were asked whether they wished to proced to trial with eleven jurors, or have the box filled by talesmen. The defendant’s counsel, in particular, were insistent that the jury box should contain the legal number, and the court directed the sheriff to summon talesmen,. which he did from the…
2Cases cited7 opinions
- People v. . McQuadeNew York Court of Appeals · 1888
- Dalrymple v. . WilliamsNew York Court of Appeals · 1875
- Werner v. Interurban Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Fealy v. BullAppellate Division of the Supreme Court of the State of New York · 1896
- Cole v. Van KeurenNew York Supreme Court · 1876
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3Cited by3 opinions
- Murphy v. 16 Abingdon Square Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1935
- Steubing v. KrischerNew York Supreme Court · 1938
- Dimmick v. Colonial Motor Coach Corp.New York Supreme Court · 1930