In re Wager
New York Court of Chancery
A commission having been issued in this case to enquire whether Wager was incapable of managing his property and affairs by reason of habitual drunkenness, the commissioners selected and made out a list of the jurors, whom they directed the sheriff to summon •, and, for this reason, a motion was made to set aside the injunction.
1Opinion of the Court
The Chancellor
decided that it was the duty of the sheriff, in such cases, to select and summon such jurors as he thought proper, and who were indifferent in relation to the matter; that the commissioners were only authorized to decide upon the validity of challenges to jurors so selected; and that it was irregular and improper for them to dictate to the sheriff what jurors should be summoned in the first instance. For this irregularity, the proceedings were ordered to be set aside ; and a new commission was directed to be issued.
2Cited by2 opinions
- In re KlockNew York Supreme Court · 1888
- Cutter v. GriswoldMichigan Court of Chancery · 1844