Rice v. Buchanan

By the Court, Mason, J.

I am inclined to think the justice was right in this case in setting aside the first venire issued by him, although it had been served and a panel of jurors had been summoned and had appeared. That venire was issued by the justice on the demand of the defendant, out of court and in the absence of the plaintiff; and was delivered to the constable without the knowledge of the plaintiff, and before he had any notice of the application, and consequently without giving him any opportunity to object to the constable. The statute provides “ that the justice issuing a venire…