Encyclopedia of Forms and Precedents for Pleading and Practice: At Common ...

ney do make an order in the nature of a writ of inquiry, to charge the jury attending at this present court to inquire of the damages and costs1 sustained by the plaintiff in this action.

Please to take notice, that a writ of inquiry of damages in this cause will be executed before his Honor Manning M. Knapp, a justice of said court, at the court-house of Hudson county in Jersey City on Friday, the twentieth day of January next, at ten o'clock in the forenoon.

Dated the tenth day of January, 1899.

Bedle, Muirheid & McGee, Plaintiffs' Attorneys.

To August Glander, Esq., Defendant.

An inquisition taken before me, the Honorable Manning M. Knapp, one of the justices of the Supreme Court of the state of New Jersey, assigned to hold pleas in and for the county of Hudson, at a Circuit Court holden in and for the said county at the court-house in the city of Jersey City on Saturday, the twenty-ninth day of November, eighteen hundred and ninety-nine, by virtue of a writ of inquiry of the state of New Jersey, directed to the sheriff of the said county of Hudson, and to me as one of the justices holding said court, and to this inquisition annexed by the oaths of (Here insert the names of the twelve jurors), twelve good and lawful men of the county aforesaid, who, being sworn and charged upon their oaths, say that the said

1. And Costs.In Maryland, where the statute providing for an order in the nature of a writ of inquiry provides for assessment of costs as well as damages, the omission of the words. "and costs" from the order is a formal defect which can be remedied by amendment in the appellate court.

Kiersted v. Rogers, 6 Har. & J. (Md.) 282. See Md. Pub. Gen. Laws (1888),

art. 75, § 86.

2. See supra, note 5, p. 29.

3. For other forms see Lofland v. Dunovan, 3 Harr. (Del.) 509; Harris v. Jaffray, 3 Har. & J. (Md.) 543.

August Glander, being the duly elected collector of taxes of the township of Union in the county of Hudson, and it being the duty of the said August Glander, as such collector, to pay over to the said The Inhabitants of the Township of Union in the County of Hudson, the said plaintiff, all moneys collected by him as such collector of taxes belonging to said township.

And the said August Glander, as such collector, having received into his hands and possession divers sums of money belonging to the said The Inhabitants of the Township of Union in the County of Hudson, and being bound to pay over the same to the said The Inhabitants of the Township of Union in the County of Hudson and to truly and faithfully perform all the duties enjoined upon him as such collector as aforesaid, that the said August Glander, although demanded, has not paid. to the said The Inhabitants of the Township of Union in the County of Hudson the said sums of money by him collected and received as such collector as aforesaid and has not truly and faithfully performed all the duties enjoined on him as such collector aforesaid during the time he officiated as aforesaid, and especially that the said August Glander did not pay over to the said The Inhabitants of the Township of Union in the County of Hudson the sum of five hundred and twenty-nine dollars and twenty cents, collected and received by him as such collector and belonging to the said The Inhabitants of the Township of Union in the County of Hudson, in accordance with the condition of said bond. And they further say upon their oaths that the said The Inhabitants of the Township of Union in the County of Hudson have sustained damages by the aforesaid breach of the condition of the said writing obligatory besides their costs and charges by them about their suit in this behalf expended amounting to forty-one dollars and fifty-two cents.

In witness whereof I, the said justice, have hereunto set my hand and seal the day and year and at the place above mentioned. Manning M. Knapp, J. S. C. (SEAL)

III. MOTION TO SET ASIDE INQUISITION.1

set

1. Irregularity. A motion to aside an inquest for irregularity must be supported by affidavits showing that grave injustice has been done. The appeal is to the discretion of the reviewing court, which is not bound to set the inquest aside, although proper evidence was rejected and improper evidence admitted. Sharp v. Dusenbury. 2 Johns. Cas. (N. Y.) 117; Ward v. Haight, 3 Johns. Cas. (N. Y.) 80; Bossout v. Rome, etc., R. Co., 131 N. Y. 37.

appears. Jennings v. Asten, 3 Abb. Pr. (N. Y. Super. Ct.) 373.

In Illinois, it has been held that a party's motion to set aside an inquisition upon the ground that the damages are excessive should not prevail without the filing of a bill of exceptions containing all of the evidence given at the inquiry. Motsinger v. Coleman, 16 Ill. 71.

Rejection of Juror. If a juror be rejected by the sheriff upon an objection not openly made, the inquisition may be set aside, upon motion, in the court's discretion. Butler v. Kelsey, 15 Johns. (N. Y.) 177.

Other Grounds. · - A list of the different causes for which an inquisition may be set aside, with authorities, is given in 2 Rumsey's Pr. 607.

Volume 10.

Form No. 11095.1

Supreme Court, Suffolk County.

John Doe, plaintiff,

against

Richard Roe, defendant.

Please take notice that at a special term of the Supreme Court to be held at the county court-house at Riverhead, before Hon. John Marshall, justice of said court, on Monday, the twenty-third day of January, 1899, at ten o'clock in the forenoon, the defendant will move, at said hour, or as soon thereafter as counsel can be heard, upon all the papers in this cause and upon the affidavit of said defendant, verified on the ninth day of January, 1899, a copy of which is hereto annexed, to set aside the inquisition and the return thereon taken before the sheriff of Suffolk county on the fifth day of January, 1899, by virtue of an order of court made herein on the twenty-first day of December, 1898, upon the ground that said inquisition was irregular and void for want of notice of its taking to the said defendant who had appeared in this action.

Joseph Story, Defendant's Attorney. Office and P. O. address, Riverhead, N. Y. To Jeremiah Mason, Esq., Plaintiff's Attorney.