Supreme Court of New Jersey, 1806

Veal v. Brown

Veal v. Brown
Supreme Court of New Jersey · Decided September 15, 1806 · Kirkpatrick, Pennington, Rossell
3 N.J.L. 72

Veal v. Brown

Opinion of the Court

Kirkpatrick, C. J.

The justice in this case, has sent up, as part of his proceedings, the venire issued for the of a jury. It is for six lawful men, being who are not of kind (kin probably is meant) to the parties. These qualifications do not make a lawful jury, according to the opinion which I gave in the case of Sayre v. Scudder, in this term.

I think the judgment must be reversed.

Rossell, J.-Did

Did not concur with the Chief Justice as; to the defect in the venire, but the summons having no seal, he concurred in reversal.

[*] Pennington, J.

I think that this judgment must he reversed&emdash;because the justice hath not entered in his docket the style or nature of the action, which the act of Assembly

requires. But hath entered a style of action different from the real one. The state of demand is also defective; it ought, at least, to have stated that the hog killed, was the plaintiff’s.&emdash;Judgment Reversed.

Chetwood, for plaintiff.

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