Crane v. Dygert
New York Supreme Court
This was an action of assumpsit, tried at the Herkimer circuit in March, 1829, before the Hon. Nathan Williams, one of the circuit judges. The action was commenced in October term, 1826, and was brought to recover monies collected by the defendant as sheriff of Herkimer on an execution.
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This was an action of assumpsit, tried at the Herkimer circuit in March, 1829, before the Hon. Nathan Williams, one of the circuit judges. The action was commenced in October term, 1826, and was brought to recover monies collected by the defendant as sheriff of Herkimer on an execution. The declaration contained a special count, stating the delivery to the sheriff on 20th May, 1826, of an execution in a certain cause, on which was an endorsement directing Mm to levy $242,46 and Ms fees, and that he then and there levied the same out of the goods of the defendants in the execution. There were…
1Opinion of the Court
By the Court,
Sutherland, J.
The challenge to the array was properly overruled. The act, (1 R. L. 328, sec. 11,) does not limit the drawing of the jury to any particular number of days before the sitting of the court at which they are to serve. They must be drawn at least 14 days before the court; but it need not be precisely 14 days. The matter seems to be left in some degree to the discretion of the clerk. In some counties a longer time than this may be highly expedient, if not necessary. The panel in this case was drawn on the 16th January for the 9th March. If the clerk had a discretion…
2Cases cited1 opinion
- Dygert v. CraneNew York Supreme Court · 1828
3Cited by9 opinions
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- Hopkins v. State ex rel. GonsoCourt of Appeals of Maryland · 1880
- Durgin v. LeightonMassachusetts Supreme Judicial Court · 1813
- People v. . DamronNew York Court of Appeals · 1914
- Frantz v. SmithCourt of Appeals of Maryland · 1847
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