Vierling v. Chas. G. Stifel Brewing Co.
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Lubke, J. The special jury law (sect. 2802, Rev. Stats. 1879, Mo.) as in practice in the city' of St. Louis, is unconstitutional. — Bill of Rights sect. 10 ; 2 Lil. Reg. 154; 2 Ticld’s Pr. 788; 3 Bla. Com. 257 ; Atty .-Gen. v. Goodman, 8 Price, 220 ; Rex v. Perry, 5 Durn. & East, 453; Pulweiler v. Si.
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Appeal from the St. Louis Circuit Court, Lubke, J. The special jury law (sect. 2802, Rev. Stats. 1879, Mo.) as in practice in the city' of St. Louis, is unconstitutional. — Bill of Rights sect. 10 ; 2 Lil. Reg. 154; 2 Ticld’s Pr. 788; 3 Bla. Com. 257 ; Atty .-Gen. v. Goodman, 8 Price, 220 ; Rex v. Perry, 5 Durn. & East, 453; Pulweiler v. Si. Louis, 61 Mo. 479; Fine v. Public Schools, 30 Mo. 166 ; Rose v. St. Louis, 49 Mo. 509; Thomp. & Mer. on Juries, sects. 45-140 ; The People v. Tweed, 50 How. Pr. 264 ; Bird v. The State, 7How. (Miss.) 163; Dan’l O’Connell’s Case, 11 Cl. & Fin. 155;…
1Opinion of the CourtThompson, J.
This was an action for damages for negligence. There was a trial before a special jury summoned under section 2802 of the Revised Statutes, and the defendant had a ver diet.
The only errors assigned relate to the overruling of the plaintiff’s challenge to the array from which the jury was selected. According to the recitals of the record, on *128April 20, 1883, on motion of defendants by their attorney, without notice to plaintiff, the court made the following order:. “It appearing to the court that there yet remains in the hands of the clerk of this court about sixtjr dollars of the deposit made…
2Cases cited13 opinions
- Strauder v. West VirginiaSupreme Court of the United States · 1880
- State v. MarshallSupreme Court of Missouri · 1865
- State v. PittsSupreme Court of Missouri · 1875
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- Union Savings Ass'n v. EdwardsSupreme Court of Missouri · 1871
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