Public-domain · open source
OpenJurist

2 Cai. Cas. 373

Van Doren v. Walker

New York Supreme Court

Decided February 15, 1805

New York Supreme Court · decided 1805-02-15

In Error on certiorari. The return does not state that any constable was sworn to attend the jury, though it is evident they retired. As no improper practice is alleged, *and it does not appear a constable was not sworn, the court will intend it was done.

Decided 1805-02-15

Per Curiam.

¶1As nothing is said about a constable’s being sworn, or having charge of the jury, the court cannot supply it by intendment. There are no words in the return to intend by. We might as well intend an issue joined, or a venire when nothing is stated. The justice must state, as the writ requires him, all -his proceedings, the whole history of the suit. When a proceeding so essential is omitted, we cannot consider it as done.

¶2Judgment reversed.

/2/caicas/373 · .json · Public domain