Van Doren v. Walker

New York Supreme Court

Van Doren v. Walker

2 Cai. Cas. 373, 1 Cole. & Cai. Cas. 417

CourtNew York Supreme Court

DecidedFebruary 15, 1805

StatusPublished

Cited by1 cases

This text of 2 Cai. Cas. 373 (Van Doren v. Walker) 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

Van Doren v. Walker, 2 Cai. Cas. 373, 1 Cole. & Cai. Cas. 417 (N.Y. Super. Ct. 1805).

Pincite

Opinion

Per Curiam.

As nothing is said about a constable’s being sworn, or having charge of the jury, the court cannot supply it by intendment. There are no words in the return to intend by. We might as well intend an issue joined, or a venire when nothing is stated. The justice must state, as the writ requires him, all -his proceedings, the whole history of the suit. When a proceeding so essential is omitted, we cannot consider it as done.

Judgment reversed.

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Per Curiam.

As nothing is said about a constable’s being sworn, or having charge of the jury, the court cannot supply it by intendment. There are no words in the return to intend by. We might as well intend an issue joined, or a venire when nothing is stated. The justice must state, as the writ requires him, all -his proceedings, the whole history of the suit. When a proceeding so essential is omitted, we cannot consider it as done.

Judgment reversed.

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Bluebook (online)

2 Cai. Cas. 373, 1 Cole. & Cai. Cas. 417, Counsel Stack Legal Research, https://law.counselstack.com/opinion/van-doren-v-walker-nysupct-1805.

Opinion

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