General
Livingston against The Columbian Insurance Company
2 Cai. 28·New York Supreme Court of Judicature·1804·NY
Brief incoming
Hand-reviewed Bluebook brief (procedural posture, facts, issue, holding, reasoning, dissent) ships once the AI generation pipeline runs through this case. Join the waitlist to get notified when 1L briefs go live.
Opinion
Livingston against The Columbian Insurance Company.
A struck jury will not be granted without affidavit, though the opposite side make no objection, and acknowledge service of notice of the motion.
Bogeet, in behalf of the defendants, moved for a struck jury in this cause, on an acknowledgment from the attoi ney of the plaintiff of service of notice of the motion, hut this was not accompanied with any affidavit of the importance or intricacy of the cause.
[MAJORITY — Per Ouriam.]
Per Ouriam.
The court ought to be satisfied that the cause is either intricate or important, (vide ante, vol. 1, p. 498; Spencer v. Sampson, Foot v. Croswell,) and that by affidavit.
1ST. B. The court seemed inclined against the granting of struck juries, as a matter of course, on a mere formal affidavit.