Hurt v. Monumental Mercury Mining Co.
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Chas. F. Reddoch, Judge. Action for conversion. Judgment for defendant and order denying a motion for new trial. The court erred in denying the appellant his fourth peremptory challenge, which compelled him to accept juror Wells, whom he positively knew was biased and prejudiced.
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APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Chas. F. Reddoch, Judge. Action for conversion. Judgment for defendant and order denying a motion for new trial. The court erred in denying the appellant his fourth peremptory challenge, which compelled him to accept juror Wells, whom he positively knew was biased and prejudiced. The sitting of the juror Wells after the remark of the' court, which still further prejudiced him against the plaintiff, prevented a fair trial. (People v. Backus, 5 Cal. 275; People u. Ah You, 47 Cal. 121; State v. Pritchard, 15 Nev.…
1Opinion of the CourtBudge, J.
This action was brought by appellant to recover the sum of $5,170 on account of the alleged conversion by respondent of 51,700 shares of the capital stock of respondent corporation.
The facts as disclosed by the record, so far as material to the disposition of this case, are substantially as .follows: On June 25, 1918, appellant was a part owner of an option to purchase certain mining claims, and on said date he entered into a contract with the remaining co-owners of the option for the formation of a corporation to develop and operate said claims, in which it was agreed that the option should…
2Cases cited16 opinions
- State v. MaguireIdaho Supreme Court · 1917
- Chestnut v. Southern Indiana Railway Co.Indiana Supreme Court · 1901
- State v. BakerIdaho Supreme Court · 1916
- Ducharme v. Holyoke Street Railway Co.Massachusetts Supreme Judicial Court · 1909
- Miller v. DonovanIdaho Supreme Court · 1905
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3Cited by37 opinions
- State v. WatsonIdaho Supreme Court · 1978
- Geist v. MooreIdaho Supreme Court · 1937
- Annau v. SchutteIdaho Supreme Court · 1975
- Paurley v. HarrisIdaho Supreme Court · 1954
- Milner v. Earl Fruit Co. of the NorthwestIdaho Supreme Court · 1925
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