2 Johns. 9
Decided November 15, 1806
New York Supreme Court · decided 1806-11-15
. FROM the return to the certiorari in the cause, it appeared, that when the jurors were called, to try the cause, several of them did not appear: for want of a „ . • 1 1 ’ sufficient number, the justice directed the constable to summon some of the. bystanders, but none were found competent to serve on the jury.
Cited by 1 later decisions — most recently July 1854
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1806-11-15
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¶1Thére being a default of jurors, the plaintiÉT below, required a.venire de novo; the justice declined granting it, and nonsuited the plaintiff, on the ground of his default in not paying a tales de circumstantibus, and also adjudged costs against'him. The non-suit was compulsory, and the plaintiff below is aggrieved by the costs. If a party be nonsuited, and a judgment be given against him for costs, error lies. The' judgment must be reversed.
¶2Judgment reversed,.