Majority
p. 339John M. Livingston v. the Columbian Insurance Company.
BOGERT, in behalf of the defendants,
moved for a struck jury in this cause, on an acknowledgment from the attorney of the plaintiff of service of notice of the motion, but this was not accompanied with any affidavit of the importance or intricacy of the. cause.
The court ought to be satisfied that the cause is either intricate or important,[1] and • that by affidavit.
N. B. The court seemed inclined against the granting of struck juries, as a matter of course, on a mere formal affidavit.
* Vide Spencer v. Sampson, ante, p 311.