sylvania, and John R. Savage & Co., who were also residents of the said state, and who were the owners, etc., of certain real estate in the state of New Jersey, that the said John R. Savage, etc., should permit and cause to be effected a sheriff's sale of the said real estate, and that the said John W. Everman should at the said sale purchase the said estate and receive the same, and the title of the said John R. Savage, etc., in full satisfaction and discharge of the said several promises and of the sums of money due by reason of the said promises, and of all damages arising therefrom. And the defendants aver that to fulfil and carry out the said agreement, the said John R. Savage went into the state of New Jersey, and there accepted the service of a writ of summons for himself and his partners, in a suit which had been commenced in the state last aforesaid, by the present plaintiff against the present defendants, that the said suit was so proceeded in by the plaintiff, no defense being made by the defendants, that judgment was obtained, which is the same set forth in the declaration; and execution issued thereon, by virtue whereof a sale by the sheriff of Camden county, in the state of New Jersey, was had of the said real estate and title of the defendants, at which sale the plaintiff purchased the real estate and title aforesaid, and then accepted and received the same * * * in full satisfaction and discharge of the said promises and of all the sums of money in the declaration mentioned, and of the said damages, [and this the defendants are ready to verify. Wherefore they pray judgment whether the said defendant ought further to have or maintain his aforesaid action against them, etc.]1 f. Denying Assignment of Judgment. Form No. 12227. (Precedent in Hughes v. Brewer, 7 Colo. 584.)9 [(Title of court and cause as in Form No. 5911.)]1 And now comes the said defendant, and, for answer to the said plaintiff's complaint herein, says that as to the allegation in said. complaint, "that on the 2d day of December, A. D. 1880, for a valuable consideration by said plaintiff, Brewer, unto the said McLean paid, the said John McLean did assign and convey unto plaintiff, the judgment," defendant has not and cannot obtain sufficient knowledge or information upon which to base a belief, and therefore denies that said plaintiff paid said McLean anything whatever for said judgment, and denies that the said judgment was assigned by said McLean to said Brewer; and denies that said Brewer is the owner of said judgment; and avers that said McLean is now the real owner of said judgment; and avers that said McLean is the real party in interest in this suit; wherefore, defendant demands that he be allowed to go hence without day and have judgment for his costs in this suit. [(Signature and verification as in Form No. 5911.)]1 1. The matter enclosed by and to be supplied within [ ] will not be found in the reported case. 2. It was held that the court erred in striking this answer from the file. 4. Replication Affirming Validity of Foreign Judgment. Form No. 12228. (Precedent in Moulin v. Trenton Mut. L., etc., Ins. Co., 25 N. J. L. 58.)1 [New Jersey Supreme Court. Auguste Moulin Debt on Judgment. The Trenton Mutual Life and Fire Replication.]2 Insurance Company. And the said plaintiff, as to the said plea of the said defendants by them secondly above pleaded, saith, that he, the said plaintiff, by reason of anything by the defendants in that plea alleged, ought not to be barred from having and maintaining his aforesaid action thereof against them, the said defendants; because, he saith, that the judg ment mentioned in the above declaration was given and rendered upon a contract of insurance made and entered into by the defendants with the plaintiff in the state of New York, to wit, at Buffalo, in the county of Erie, in said state of New York, on the sixteenth day of November, in the year eighteen hundred and fifty, and was renewed by the said defendants with the plaintiff, in said state of New York, to wit, at Buffalo aforesaid, on the sixteenth day of May, eighteen hundred and fifty-one, and at the time of making the said contract of insurance, to wit, on the sixteenth day of November, eighteen hundred and fifty, and at the time of the renewal of said contract, to wit, on the sixteenth day of May, in the year eighteen hundred and fifty-one, the said defendants had offices and places of business in said state of New York, to wit, at Buffalo aforesaid, and also in the city of New York, in the county of New York, and state of New York, and had agents at said office duly authorized by them, for them and in their names, to make contracts of insurance and for the renewal of insurance within the state of New York, and that said contracts upon which said judgment was recovered were made in such state of New York, by such agents so authorized and empowered to make such contract in said state of New York, and that at and before the times of entering into said contracts upon which said judgment is founded, and while said defendants had such offices and agents in the state of New York, said Joseph C. Potts, in said plea mentioned, was president of the defendants, and from time to time, by direction and authority of said defendants, went to the state of New York, and was in said state to attend to the affairs and business of said defendant in the said state of New York, in manner aforesaid, done by said defendants, through their agents in said state; and this the said plaintiff is ready to verify, etc. [(Signature as in Form No. 12217). ]2 1. A demurrer to this replication was overruled and judgment rendered for the plaintiff. 953 2. The matter enclosed by and to be supplied within [ ] will not be found in the reported case. Volume 10. JUDICIAL SALES. See the titles ADMIRALTY, vol. 1, p. 406; ATTACHMENT; GARNISHMENT; TRUSTEE PROCESS; FACTORIZING, vol. 2, p. 303; CHATTEL MORTGAGES, vol. 4, p. 777; EXECUTIONS AGAINST PROPERTY, vol. 8, p. 1; GUARDIAN AND WARD, vol. 9, p. 1; INSOLVENCY; BANKRUPTCY, ante, p. 140; LIENS; MECHANICS' LIENS; MORTGAGES; PARTITION; PROBATE AND ADMINISTRATION; RECEIVERS; REVENUE; TAXATION; TRUSTS AND TRUSTEES. JURAT. See the title AFFIDAVITS, vol. 1, p. 548. JURIES. I. SELECTING AND DRAWING JURORS, 957. 2. Appointment of Jury Commissioners, 960. (1) In General, 960. (2) To Revise Jury List, 961. b. Summons, 961. 3. Order to Draw, Select or Summon, 961. a. Grand Jurors, 961. (1) In General, 961. (2) Connected with Order of Adjournment, 962. b. Petit Jurors, 962. c. Grand and Petit Jurors, 963. d. Additional Jurors to Complete Panel, 965. 4. Notice of Drawing, 966. 5. Sheriff's Return to Order, 966. 6. List of Jurors Drawn or Selected, 967. a. Certified by Clerk, 967. b. Certified by County Commissioners, 967. c. Certified by Jury Commissioners, 968. (2) Alternate Jurors, 970. (3) Order for Nunc pro Tunc Certification, 970. d. Certified by Sheriff, Clerk, etc., 971. 7. Setting Aside List, 973. 8. Sheriff s Return to Certified List, 973. II. VENIRE FACIAS, 974. 1. Order for Writ Fixing Time of Return, 974. a. In Courts of Record, 976. (1) Jurors Drawn or Selected, 976. (b) For First Week, 983. (c) For Subsequent Week, 983. (d) Reciting Drawing or Selection, 983. (f) With Certified List of Jurors Annexed, 986. (g) With Clause for Alternate Jurors, 986. (h) With Clerk's Certificate Attached, 987. (2) Open Venire, 988. b. In Justices' Courts, 989. (1) Jurors Drawn or Selected, 989. (2) Open Venire, 995. (3) In Coroners' Inquests, 999. 8. Return of Writ, 999. a. In Courts of Record, 999. (1) In General, 1000. (2) Reciting Summons to Alternate Jurors, 1004. (3) Record Entry of Return, 1005. b. In Justices' Courts, 1005. c. In Coroners' Inquests, 1009. III. SPECIAL VENIRE FACIAS, 1010. 1. Application for Writ, 1010. b. By Prosecuting Attorney, 1011. 2. Order for Writ, 1011. a. Names Drawn from Box, 1011. 3. Writ, 1013. a. To Complete Panel, 1014. (1) Jurors Drawn or Selected, 1014. b. To Complete Trial Jury, 1017. (1) Jurors Drawn from Box, 1017. (b) In Capital Cases, 1018. (2) Open Venire, 1019. (a) Generally, 1019. (b) In Capital Cases, 1021. 4. Return of Writ, 1021. a. In General, 1021. b. Of Certified Jury Order, 1022. IV. SUMMONS TO JUROR, 1023. 1. In Courts of Record, 1023. 2. In Justices' Courts, 1026. V. SERVING LIST ON DEFENDANT IN CAPITAL CASES, 1027. 1. Clerk's Certified List, 1027. 2. Writ, 1027. 3. Return of Writ, 1028. VI. IMPANELING GRAND JURY, 1028. 1. Record Entry, 1028. 2. Objections to Grand Jurors, 1028. VII. FORMATION OF TRIAL JURY, 1030. 1. List for Impaneling, 1030. 2. Challenges and Objections, 1031. a. Challenge for Bias or Favor, 1031. (2) Implied Bias, 1032. b. Challenge to the Array, 1032. (a) By Defendant, 1033. (2) Affidavit in Support, 1036. (4) Reply to Answer to Challenge, 1037. (5) Order Overruling, 1038. (6) Order Sustaining, 1038. c. Motion to Quash Panel, 1039. VIII. DEFAULTING JURORS, 1041. 1. Judgment Nisi, 1042. 2. Scire Facias, 1043. IX. DISCHARGE OF JURORS, 1043. X. RELATING TO ATTENDANCE AND PAY, 1044. (a) In Civil Cases, 1045. (b) In Criminal Cases, 1045. b. The Certificate, 1046. (1) In General, 1046. (2) Clerk's Certificateto County Commissioners, 1049. 3. Jurors' Board Bill, 1049. 4. Warrant, 1050. XI. CLERK'S REPORT RELATING TO JURY TAX, 1050. 1. Cases Subject to Tax, 1050. 2. Taxes Collected, 1050. |