1 How. Pr. 175
Decided June 15, 1845
New York Supreme Court · decided 1845-06-15
Motion by defendant to set aside the verdict rendered in this cause, and judgment entered thereupon.—This was a motion by defendant to set aside the verdict &c. on the ground that an improper juror sat upon the panel who tried the cause. The cause was tried at the Westchester circuit, in April, 1845; one Nathaniel Hyatt was drawn by the clerk as a juror of the regular panel, without any objection being made to him. The jury brought in a verdict for plaintiff of $5000.
Cited by 3 later decisions — most recently May 1909
3 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1845-06-15
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¶1The objection to the juror’s age, if taken in time would have been a good one, but after he was drawn upon the panel— heard the cause tried, and had with the rest rendered a verdict, it is too late to interpose the objection. The motion must be denied.
¶2Decision.—Motion denied, with costs.