Haughtalling v. Bronk — 1 Cole. & Cai. Cas. 495

Majority

p. 495

Haughtalling v. Bronk.

Headnote

VAN VECHTEN on an affidavit in a writ of right, setting forth that one of the electors returned, on the grand assize, had left the state, moved to amend the panel by adding another.

As there is no opposition take your rule.

I do not see hoxv 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 under such a panel consequently void. My opinion is, that you should have a new elector

p. 496

appointed in the same way as the others. I think we have a power to order the sheriff to summon another panel; but I do not think we can direct another elector to be added.