Reigelsperger v. Pond

In view of the dissenting opinion of my associate, Judge Younger, I believe that some explanation should be given why this member of the court is of the opinion that the assignment of error as to the empaneling of the jury is not well taken.

It should be first observed that the claim under this assignment is that the plaintiff was prejudiced, not by being deprived of any right to exercise a peremptory challenge against the thirteenth juror, but by being denied a peremptory challenge against the first juror. In my opinion this claim of prejudicial error is not well taken for at least two…