Majority
p. 155Oscar Purdy, Resp’t, v. John Dinkle, App’lt. (Supreme Court, General Term, Second Department, Filed June 28, 1889.)
Headnote
Appeal—From justice’s court—Jury—Technical errors—Judgment.Where objections to the method pursued in drawing the jury are merely technical and do not involve or affect the merits, the court may give judgment according to the right of the case without regard to technical errors.
Appeal from Westchester county court.
Wm. H. H. Ely, for app’lt; James S. Millard, for resp’t.
This .is an appeal from a judgment of the county court affirming a judgment obtained by the plaintiff against the defendant upon a trial before a jury in a court of a justice of the peace.
The appeal to the county court was on question of law only.
The action was for the recovery of commission on the sale of a horse, and there was ample testimony to sustain the verdict of the jury.
The appellant complains of irregularities in drawing and organizing the jury, but as the objections are merely technical and did not involve or affect the merits, the county court might give judgment according to the right of the case without regard to technical errors.
We, therefore, think the judgment of the county court should be affirmed, with costs.
All concur.