Burke v. McDonald
Idaho Supreme Court
APPEAL from District Court, Shoshone County. Where a peremptory challenge has been exercised against a juror, who could have been excluded for cause, which would undoubtedly have given them another peremptory challenge, which they swore they desired to exercise against another juror, whom it appears from the record they were forced to retain, the court, with the facts fully before it, refused to recall the juror or grant plaintiffs any relief.
Read the full summary
APPEAL from District Court, Shoshone County. Where a peremptory challenge has been exercised against a juror, who could have been excluded for cause, which would undoubtedly have given them another peremptory challenge, which they swore they desired to exercise against another juror, whom it appears from the record they were forced to retain, the court, with the facts fully before it, refused to recall the juror or grant plaintiffs any relief. This .ras error, by which the plaintiffs were prevented from having a fair trial. (The Anarchists' Case, 123 IT. S. 131, 8 Sup. Ct. Bep. 22; Ochs v.…
1Opinion of the CourtMorgan, J.
The plaintiffs allege that they, and each of them, are citizens of the United States; that prior to the sixth day of December, 1887, the plaintiffs were, ever since have been, ■and now are the owners, subject to the paramount title of the United States, and in the possession and entitled to the possession, of that certain mine containing a lode of rock in place, bearing gold, silver and other precious metals, situated in Treka mining district, Shoshone county, Idaho, called the “Mammoth,” and further particularly describing it; “that the defendants, claiming to be the owners of an adjacent…
2Cases cited5 opinions
- Spies v. IllinoisSupreme Court of the United States · 1887
- Hopt v. UtahSupreme Court of the United States · 1887
- Eilers v. BoatmenSupreme Court of the United States · 1884
- Harrington v. ChambersUtah Supreme Court · 1881
- Palmer v. Utah & North Railway Co.Idaho Supreme Court · 1887
3Cited by11 opinions
- Book v. Justice Min. Co.U.S. Circuit Court for the District of Nevada · 1893
- Finlen v. HeinzeMontana Supreme Court · 1903
- Columbia Copper Mining Co. v. Duchess Mining, Milling & Smelting Co.Wyoming Supreme Court · 1905
- Rummell v. BaileyUtah Supreme Court · 1958
- Ambergris Mining Co. v. DayIdaho Supreme Court · 1906
6 more not listed; retrieve them via the Exa API.