Hathaway v. Helmer
New York Supreme Court
HE plaintiff recovered a judgment in this action before a justice of the peace, for $92.44 damages, and $5 costs, which judgment the Cortland county court affirmed, on appeal. The action was tried by a jury, that was summoned at the instance of the defendant. The only points considered in the case are sufficiently stated in the opinions which follow.
1Opinion of the CourtBalcom, J.
The defendant challenged John Hickey, who was drawn as a juror, on the principal ground that he was a tenant of the plaintiff. The plaintiff thereupon admitted that Hickey rented a house and lot of him, and worked for himself, being a carpenter, and had the avails of his labor. The justice then decided that Hickey was a competent juror,'and the defendant excepted to his decision.
It has always been considered a principal cause of challenge to a juror, that he is the tenant of either party. (Gra. Pr. 2d ed. 304. 2 Cowen’s Tr. 2d ed. 889.) The act of the legislature abolishing the landlord’s…
2Cases cited4 opinions
- People v. BodineCourt for the Trial of Impeachments and Correction of Errors · 1845
- Allen v. AddingtonNew York Supreme Court · 1831
- Harrisburg Bank v. ForsterSupreme Court of Pennsylvania · 1839
- Ward v. CenterNew York Supreme Court · 1808
3Cited by4 opinions
- Sherman v. Southern Pacific Co.Nevada Supreme Court · 1910
- People v. . DamronNew York Court of Appeals · 1914
- Sorensen v. HunterAppellate Division of the Supreme Court of the State of New York · 1945
- Stedman v. BatchelorNew York Supreme Court · 1888