Gale against Barnes

Gale against Barnes. ju plaintiff to go on to mal, after both parties éifThenfsei'ves ready, and, on ^¿"defendant admits part of the plaintiff’s plaintiff is partly sworn, j”® 'a^ve* u¡re. Certiorari to a Justice’s Court. After issue joined in mssunvpsit on account, by Barnes against Gale, the defendant r \ , ,, t , , -j said he would go on and try the cause, and the J ustice told the plaintiff to go on with his account. The plaintiff then asked the defendant if he would admit any of his account ? and the defendant did admit one or two of the charges, and objected to the others. The plaintiff then called a witness* an^ after tire Justice had begun to administer the oath, the defendant demanded a venire, which the Justice refused. ^ udgment for the plaintiff. John V. D. Scott, for the plaintiff in error, E. Barnes, contra. [MAJORITY — Curia.] Curia. The defendant was too late in his application for a venire. An investigation had commenced. In Olney v. Bacon, (1 John. 142) the Justice had merely inspected the account, and the Court said the trial had not commenced. In this case, the Justice told the plaintiff to go on, in consequence of which he proceeded to prove some items, by the admission of the defendant; and a witness was partly sworn ■before the call for a venire. Judgment affirmed, And vid. Bayless v. Crany, ante, 86,