¶1The issue roll is allowed to be correct, and the circuit record is always amendable by it, on payment of the costs of the motion made. The second error is within the spirit of the statute of jeofails, which after verdict, cures the award of a venire to an improper officer, on an insufficient suggestion ; a fortiori if the award be to the right person. Take nothing by your motion.
3 Cai. Cas. 151
Tower v. Wilson
Decided August 15, 1805
New York Supreme Court · decided 1805-08-15
SHEPHARD moved in arrest of judgment on the following grounds : 1st. That there was a variance between the issue roll and nisi prim record; the memorandum in the first being of January term, 1803, and that of the latter in 1804. 2d. That there was no special suggestion, that the sheriff of the county was interested, and no special award to the coroner, who appeared to have returned the venire. was stopped by the court.
Decided 1805-08-15