Majority
p. 380Manhattan Company against Lydic.
Headnote
It is good ground of opposition to a motion for a struck jury, that the affidavit on which it is made, does not show wherein it is intricate or important. But if no opposition be made, it'is then confessed.Hofpman moved for a struck jury, on an affidavit stating the case to be intricate and important.
Jones contended that it was defective in not showing wherein the importance or intricacy consisted.
In all these cases the court ought to see, from the facts laid before them, that the cause is either intricate or important, and not submit themselves to the opinion of the attorney. We want something beyond his mere affidavit. The words of the statute require this. If, indeed, there be no opposition, then the motion passes, as in other cases, of course; because the opposite party by his conduct confesses these requisites.
Motion denied.