CHAFFEE v. MARSH


2 A.D.2d 934 (1956)

Helen R. Chaffee, an Infant, by Frank B. Chaffee, Her Guardian ad Litem, et al., Respondents, v. Lawrence Marsh, Appellant, et al., Defendant Shirley Lajza, an Infant, by Paul Lajza, Her Guardian ad Litem, et al., Respondents, v. Lawrence Marsh, Appellant, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 9, 1956


When the jury which had considered the case tried at Trial Term immediately before the cases now on appeal reported at 9:10 P.M. on March 14, 1956, a juror told the clerk she would on the following morning ask the Judge to excuse her from further jury service. In order to find her name more easily in the morning the clerk clipped the names of the jury then reporting together and put them in the jury box. The next morning the juror did not ask to be excused and the clerk forgot...

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