Hawkins v. Manston
Supreme Court of Minnesota
Appeal by defendants, Moses Manston, John A. Bowman Jr., Courtney A. Buell and Benjamin Herrig, from a judgment of the District Court of Itasca County, G. W. Holland, J., entered July 12, 1893, against them for $104.67 damages and $70.21 costs. The plaintiff, L. H. Hawkins, brought this action for false imprisonment. At the trial November 2, 1892,' John Beckfelt was called as a juror and was challenged by defendants for actual bias.
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Appeal by defendants, Moses Manston, John A. Bowman Jr., Courtney A. Buell and Benjamin Herrig, from a judgment of the District Court of Itasca County, G. W. Holland, J., entered July 12, 1893, against them for $104.67 damages and $70.21 costs. The plaintiff, L. H. Hawkins, brought this action for false imprisonment. At the trial November 2, 1892,' John Beckfelt was called as a juror and was challenged by defendants for actual bias. The challenge ivas denied and by consent was tried by the court. The challenge was found not true and defendants excepted. From the evidence given it appeared…
1Opinion of the CourtGileillan, C. J.
The first and second assignments of error are not well founded, because it is settled that where a challenge of a juror for actual bias is, by consent, tried by the court, its finding is conclusive. Morrison v. Lovejoy, 6 Minn. 319 (Gil. 224), in a civil action, and State v. Mims, 26 Minn. 183, (2 N. W. 494, 683,) in a criminal action.
Permitting testimony that Varley, one of the three men who arrested plaintiff, said he had orders from the defendant Mansion to make the arrest, was error. No such connection between Varley and Mansion with respect to the arrest of plaintiff was shown as to make…
2Cases cited3 opinions
- D. Morrison & Co. v. LovejoySupreme Court of Minnesota · 1861
- State v. MimsSupreme Court of Minnesota · 1879
- Miller v. State BankSupreme Court of Minnesota · 1894
3Cited by3 opinions
- Hannula v. Duluth & Iron Range RailroadSupreme Court of Minnesota · 1915
- Miller v. State BankSupreme Court of Minnesota · 1894
- Perry v. MillerSupreme Court of Minnesota · 1895