Franklin v. Nore — 1 Cole. & Cai. Cas. 52

Majority

p. 52

Franklin and another ads. Nore.

Headnote

ISSUE was joined during the last vacation, and before notice of trial was received, the defendant served the plaintiff with notice of a motion for a struck jury ; notwithstanding which, the plaintiff proceeded to give notice of trial, and took an inquest.

S. Jones for the defendant,

moved that the verdict be set aside for irregularity.

The defendant availed himself of the first opportunity in his power to apply for .a struck jury, and it was irregular for the plaintiff to proceed after receiving notice of the intended motion. Let the verdict be set aside with costs,