Farrington v. Morgan
New York Supreme Court
Landlord and tenant. Proceedings were commenced by Morgan against Farrington before an assistant justice of one of the wards of the city of New-York for holding over, after the expiration of the term, certain premises demised to him.
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Landlord and tenant. Proceedings were commenced by Morgan against Farrington before an assistant justice of one of the wards of the city of New-York for holding over, after the expiration of the term, certain premises demised to him. In a return to a certiorari the justice certified that after issue was joined between the parties, he “ issued avenire directed to a constable or marshal to summon a jury as directed by the statute j” that on the day of the return of the venire the parties appeared, and thatu upon an examination, it appeared that twenty names had been put upon the venire;” that…
1Opinion of the Court
By the Court, Cowen, J.
The proceedings must be reversed. The statute, 2 R. S. 423, § 35, 2d ed. directs that the magistrate shall, in order to form the jury, "nominate eighteen respectable persons qualified to serve as jurors in courts of record,” who are to be summoned; and by ^ 36, twelve are to be ballotted for as the jury of trial.
In this case, twenty were summoned, and the jury formed from that number. This being a summary proceeding in derogation of the common law, the statute should be strictly pursued ; and that must appear affirmatively on the return. The summoning of twenty persons…
2Cited by10 opinions
- Chesapeake & Ohio R. R. v. PattonWest Virginia Supreme Court · 1876
- People ex rel. Niles v. SmithNew York Supreme Court · 1857
- Smith v. MoffatNew York Supreme Court · 1847
- White v. Memphis, Birmingham & Atlantic RailroadMississippi Supreme Court · 1886
- Wands v. Robarge, New York County Courts1898
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