Borst v. Beecker

6 Johns. 332

Opinion

Per Curiam.

The words of the act (Laws, vol. 1. $ess. 24. c. 165. s. 12. p. 496.) are, that the constable shall summon, as jurors, “ twelve good and lawful men, being freeholders or freemen of such city, or freeholders of such town, where the cause is to be tried,” &c. Though the two jurors objected to were freeholders, they were not “ good and lawful men,” within the meaning of the statute, and, therefore, not competent jurors; The judgment must be reversed.

Judgment reversed.