Legal Opinion

Comfort v. Mosser

Supreme Court of Pennsylvania

Decided October 1, 1888No. 112PublishedCited by 7 opinions

ERROR TO THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. No. 112 January Term 1888, Sup. Ct.; court below, No. 155 November Term 1884, C. P. On October 7, 1884, a summons issued in an action of ejectment by Henry R. Mosser against John C. Comfort and Mary A. Comfort, his sister, for-the recovery of a tract of 68 acres of land in Lower Allen township. The plea was, not guilty.

Read the full summary

ERROR TO THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. No. 112 January Term 1888, Sup. Ct.; court below, No. 155 November Term 1884, C. P. On October 7, 1884, a summons issued in an action of ejectment by Henry R. Mosser against John C. Comfort and Mary A. Comfort, his sister, for-the recovery of a tract of 68 acres of land in Lower Allen township. The plea was, not guilty. At the trial on April 18, 1887, when the panel of twenty jurors was called into the box, the following offer was made : Defendants’ counsel propose to ask several jurors, of whom Mr. Klink is one, whether he has not…

1Opinion of the Court

Opinion,

Mr. Justice Paxson:

We are unable to see upon what principle the learned judge below excluded the question asked of the juror, Mr. Klink; see first assignment. We infer, however, from his opinion overruling the motion for a new trial, that he regarded the questions, even if answered in the affirmative, as insufficient to disqualify the juror. The question appears to have been treated both by court and counsel as if the juror had been challenged for cause, and a number of our cases were cited to show that an opinion formed by a juror upon common rumor does not disqualify him. No fault…

2Cited by7 opinions

  1. James Kiernan and Mary Kiernan v. Gerald Van Schaik, T/a Van's Atlantic StationCourt of Appeals for the Third Circuit · 1965
  2. Commonwealth v. FosterSuperior Court of Pennsylvania · 1972
  3. Clay v. Western Maryland RailroadSupreme Court of Pennsylvania · 1908
  4. Bryan v. Moncrief Furnace Co.Supreme Court of Georgia · 1929
  5. Commonwealth v. GraumanSuperior Court of Pennsylvania · 1912

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API