Tillotson v. Cheetham — 2 Johns. 107

Majority

p. 106

Tillotson against Cheetham.

Rilcer, for the defendant,

Headnote

moved, that the writ of inquiry of damages in this case, which was an action for a libel, should be executed before a judge at the circuit. He •read an affidavit of the defendant, stating that important .questions of law were expected to arise on the inquiry, which, as he was advised by his counsel, would render the presence of a judge necessary to decide upon them ; and that he verily believed that an impartial inquiry could not be had before the sheriff of Albany.

Colden, contra,

objected that the affidavit was too general, and that the questions of law, which were expect-

If it appear that important questions of law • ill arise mi the execution of a writ of inquiry of damages in a* action for a li** bel, the court will order it ta be executed by a judge at a circuit.

Ordered, that the writ of inquiry be executed before a judge of this court at the next circuit to be held at Albany ; but that the plaintiff may, if he think proper, change the venue to the county of Columbia, or Orange, or Green, and have the writ executed before the judge , who shall hold the circuit in either of those counties.

Thompson, J. being absent when the motion was argued, gave no opinion.

p. 107

eel to arise, ought to have been mentioned, that|the court might see whether it were necessary to grant the rule.