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Franklin v. Nore

1 Cole. Cas. 46 Court N.Y. Sup. Ct. English

Contents

Majority

p. 46
Franklin and Another ads. Nore.

Headnote

TSSUE was joined during the iaft vacation, and A before notice of trial was received, the defendant ferved the plaintiff with notice of a motion for a ffruck jury ; notwithftanding which, the plaintiff proceeded to give notice of trial, and took an inqueft.
S. Jones for defendant, moved that the verdici be fet afide for irregularity.

The defendant availed himfelf of the firft opportunity in his power to apply for a ffruck jury, and it was irregular for the plaintiff to proceed after receiving notice of the intended motion. Let the verdiól be fet afide with coils.