Cross v. Moulton

New York Supreme Court

Cross v. Moulton

15 Johns. 469

DecidedOctober 15, 1818

StatusPublished

This text of 15 Johns. 469 (Cross v. Moulton) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cross v. Moulton, 15 Johns. 469 (N.Y. Super. Ct. 1818).

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Opinion

Per Curiam.

The Justice erred in refusing an adjournment. The statute, (1 N. R. L. 389.) allows a defendant sued by warrant an adjournment, on. giving security “ to appear and stand trial, &c.” and the Justice had no right to require an affidavit of the want of a material witness. (Sebring v. Wheedon, 8 Johns. Rep. 458.)

The Justice also committed a gross irregularity in chai-, .lenging the jurors, on the return of the first venire, and in issuing a second venire, merely on the ground of his own extra-judicial exceptions.

Judgment reversed»

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Per Curiam.

The Justice erred in refusing an adjournment. The statute, (1 N. R. L. 389.) allows a defendant sued by warrant an adjournment, on. giving security “ to appear and stand trial, &c.” and the Justice had no right to require an affidavit of the want of a material witness. (Sebring v. Wheedon, 8 Johns. Rep. 458.)

The Justice also committed a gross irregularity in chai-, .lenging the jurors, on the return of the first venire, and in issuing a second venire, merely on the ground of his own extra-judicial exceptions.

Judgment reversed»

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Bluebook (online)

15 Johns. 469, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cross-v-moulton-nysupct-1818.