Fulton v. Yuill
New York County Courts
This was an- action brought in a Justice’s Court of the, town of Thompson, in said county of Sullivan, in December, 1897. After issue was joined a jury trial was demanded, and a jury summoned. The jurors were drawn, and the trial proceeded, and a verdict rendered in favor of the defendant, upon which judgment was entered. It appears by the justice’s return that the men drawn and who rendered the verdict were not sworn — none of them.
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This was an- action brought in a Justice’s Court of the, town of Thompson, in said county of Sullivan, in December, 1897. After issue was joined a jury trial was demanded, and a jury summoned. The jurors were drawn, and the trial proceeded, and a verdict rendered in favor of the defendant, upon which judgment was entered. It appears by the justice’s return that the men drawn and who rendered the verdict were not sworn — none of them. The plaintiff appeals from the judgment entered on such verdict to this court.
1Opinion of the CourtJelliff, J.
A Justice’s Court is a tribunal created by statute, by which its jurisdiction, powers and duties are limited and prescribed.
The policy of the law is, that the judiciary shall be rendered pure, as far as may be; that those who constitute a court, and who exercise the power of pronouncing judgment as such, shall act under oath; that a set of men known as a jury to act in that capacity, in order to be properly vested with that power, must be sworn. The purpose of an oath to a jury is to bind them in their action, as a guard against any prejudice they or any of them may entertain against either…
2Cases cited3 opinions
- the People v. Ransom.New York Supreme Court · 1831
- Hardenburgh v. CraryNew York Supreme Court · 1857
- Coughnet v. EastenbrookNew York Supreme Court · 1814
3Cited by8 opinions
- Jefferson County v. Berkshire Development Corp.Supreme Court of Alabama · 1964
- Collinson v. Wier, New York County Courts1915
- Cahill v. Delaney, New York County Courts1901
- People v. Bestle, New York County Courts1960
- Collinson v. WierNew York County Court, Lewis County · 1915
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