Shobe v. Bell
Supreme Court of Virginia
This was an appeal from the superior court of law for Shenandoah county. Bell brought an action of slander in that court, against Shobe.
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This was an appeal from the superior court of law for Shenandoah county. Bell brought an action of slander in that court, against Shobe. The jury found a verdict for the plaintiff, and assessed his damages at $450. After the verdict the counsel for the defendant moved the court for a new trial on four grounds: 1. Because the verdict was contrary to evidence. 2. Because the damages were excessive. 3. Because Watson was an improper juror. 4. Because the jury divided by IS, and three of them yielded their verdict from an improper influence. The court rejected the motion and entered judgment for…
1Opinion of the Court
The counsel for the appellant relied on two points. 1. That Watson was an improper juror. 2. That the verdict rendered was not the verdict of tile whole jury, but of a part only.
As to the first point. If the objection to Watson had been known before he was sworn, he would have been set aside; for, though a juror is not related to either party nor has shewn any marks of partiality, yet if there be sufficient reason to suspect that he may be more favourable to one side than the other, he ought not to be impanelled, (a) That Watson’s sitúa*26tion rendered him an improper" juror, is manifest. Where…
2Cited by15 opinions
- Bishop v. StateSupreme Court of Georgia · 1850
- Barton v. HolmesSupreme Court of Iowa · 1864
- Probst v. BraeunlichWest Virginia Supreme Court · 1884
- Bull v. CommonwealthSupreme Court of Virginia · 1857
- Bull v. CommonwealthSupreme Court of Pennsylvania · 1857
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