Keller v. Dratler

Appellate Terms of the Supreme Court of New York

Keller v. Dratler

126 Misc. 183, 212 N.Y.S. 725, 1925 N.Y. Misc. LEXIS 1156

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 11, 1925

StatusPublished

This text of 126 Misc. 183 (Keller v. Dratler) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Keller v. Dratler, 126 Misc. 183, 212 N.Y.S. 725, 1925 N.Y. Misc. LEXIS 1156 (N.Y. Ct. App. 1925).

Pincite

Opinion

Per Curiam.

A jury of six men having been duly impaneled, the court excused one juror for cause and directed that the case proceed with five jurors. To the latter direction the plaintiff took an exception. Although the jury was impaneled at defendant’s request, the plaintiff had an equal right to a jury of six men, and the court was in error in not replacing the juror who had been excused.

Judgment reversed and new trial ordered, with thirty dollars costs to appellant to abide the event.

All concur; present, Bijur, Levy and Churchill, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

A jury of six men having been duly impaneled, the court excused one juror for cause and directed that the case proceed with five jurors. To the latter direction the plaintiff took an exception. Although the jury was impaneled at defendant’s request, the plaintiff had an equal right to a jury of six men, and the court was in error in not replacing the juror who had been excused.

Judgment reversed and new trial ordered, with thirty dollars costs to appellant to abide the event.

All concur; present, Bijur, Levy and Churchill, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

126 Misc. 183, 212 N.Y.S. 725, 1925 N.Y. Misc. LEXIS 1156, Counsel Stack Legal Research, https://law.counselstack.com/opinion/keller-v-dratler-nyappterm-1925.