New York Supreme Court, 1807

Zeely v. Yansen

Zeely v. Yansen
New York Supreme Court · Decided August 15, 1807
2 Johns. 386

Counsel

Gebhardt, for the plaintiff in error., .Henry, contra.

Zeely v. Yansen

Opinion of the Court

Per Curiam,.

The power of awarding a ¿aZes is incident to a court of justice, and essentiafto its proceédings. By -the first section of the act, every justice is invested with all the power usual in courts of record, for the purpose of hearing and trying causes; and the power of awarding a tales, in case of aMefault of the jurors summoned on t.he venire, is a power usual in courts of record. The justice was, therefore, right in ^’awarding a tales; and the judgment below .must be affirmed.

Judgment affirmed.

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