Hoar v. Flegal
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Clearfield County. Assumpsit by David J. Hoar & Co., against Lever Elegal. The cause came on for trial May 21st, 1879, and the jury rendered a verdict for the defendant.
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Error to the Court of Common Pleas of Clearfield County. Assumpsit by David J. Hoar & Co., against Lever Elegal. The cause came on for trial May 21st, 1879, and the jury rendered a verdict for the defendant. The following day the plaintiffs made a motion in arrest of judgment and for a new trial, because, inter alia, “ John B. Mays, who served as a juror in the trial of this cause, was not drawn as a-juror for this term of court, and the said John B. Mays, a resident of Knox township, falsely personated and answered to the name of John Milton Mays, a citizen of Jordan township, who was drawn…
1Opinion of the Court
Per Curiam :
The record in this case is perfectly regular. That one of the panel of jurors was personated by a stranger was a matter only to be remedied on a motion for a new trial. It could not be reached by a motion in arrest of judgment, nor on error. The plaintiff in error is estopped by the record from alleging anything which contradicts it.
Judgment affirmed.
2Cited by1 opinion
- Woodward & Williamson's AssessmentSupreme Court of Pennsylvania · 1922