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Reply To: | A LISTSERV list for discussions pertaining to New York State history." < [log in to unmask]> |
Date: | Fri, 21 Oct 2005 17:12:17 -0400 |
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The sheriff's jury was used when the sheriff (rather than a judge) conducted a hearing; the jury heard the evidence and made the determination. Under New York law during the 19th century, a sheriff's jury could be empanelled to do any of the following:
1) Determine the competency of an individual [this function continued into the later 20th century]
2) Determine damages when a defendant defaulted in a personal injury or property damage case
3) Determine damages to third parties through improper issuance of an execution or attachment in a civil case
4) Determine damages sustained through improper issuance of a temporary injunction
Source: Hyman W. Gamso, "Development of the Sheriff's Jury in New York," in The Sheriff's Jury and the Bicentennial January 30, 1976, ed. Joseph T. P. Sullivan (New York: 1976), pp. 33-34.
Jim Folts
New York State Archives
>>> [log in to unmask] 10/20/05 11:41 AM >>>
My wife is completing a book on the well-known lunacy case of John
Armstrong Chanler (aka John Armstrong Chaloner). In 1899 a "Sheriff's
Jury" declared Chanler mentally incompetent, and removed his property from
his control, in a proceeding under the aegis of the New York Supreme
Court. The question is: What is a "Sheriff's Jury"? Chanler had no
attorney representing him at the hearing. Any help will be greatly
appreciated.
Henry Wiencek
Charlottesville, Virginia
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