St. Louis & Southeastern Railway Co. v. Wheelis

The first objection urged is, that the court below erred in not quashing the panel of jurors on the challenge of the array. The practice is, that there can be no challenge of the array till first there is a full jury. The King v. Edmonds, 4 Barn, and Aid. 471; Hawk. P. C. vol. 2, chap. 43, sec. 1; 1 Arch. Prac. 204; Crown Circuit Compan. 13. In the case in Barn, and Aid. it is said that it is an established rule, as to proceedings of this kind, “ that no challenge, either to the array or to the polls, can be taken, until a full jury shall have appeared; and if twelve of those named in the…