Hyperlawhypertext legal database Haughtalling v. Bronk 3 Cai. 190

← Cases

Haughtalling v. Bronk

3 Cai. 190 Court N.Y. Sup. Ct. English

Delivered by Thompson, J.

Contents

Majority

p. 190
Haughtalling against Bronk.

Headnote

If an elector returned on the grand assize leave the state, the couit will grant a rule to add another to the pannel.
TAN VECHTEN on an affidavit in a writ of right, setting forth that one of the electors, returned on the grand assize, bad left the state, moved to amend the pannel by adding ⅛

-£⅛* curiam, as there is no opposition take your rule#

I do'not see how it is possible for the court to grant the motion. If they do, the elector will be appointed contrary to the act, and all proceedings uncles' such a pannel consequently void. My opinion is, that you should have a new elector appointed in the same way as the others. I think we have a power to order the sheriff to summon another pannel; but I do not think we can direct another elector to be added.