9 Johns. 260 | N.Y. Sup. Ct. | 1812
The defendant moves for judgment as in case 0f a J)0ns!1it for plaintiff’s default, in not proceeding to trial at the last circuit court, in Jxensselear county, and he is entitled to the effect of his motion, if the plaintiff has been in default. The motion is resisted on the ground that, at the circuit, the plaintiff
Either party has a right to challenge the array; and partiality, or some default in the sheriff or his under officer who arrayed the panel, are good causes of challenge.
It is now admitted that the facts stated in the challenge are unfounded; and could we believe that it was interposed merely to delay and interrupt the defendant, we ought, notv, perhaps, to consider it as no excuse for not proceeding; this we are not authorized to do, but are bound to consider it interposed on info ¡y. mation. then received.
Motion denied.
2 Tidd, 779.
Co. Litt. 158.