Legal Opinion

Swanson v. Mendenhall

Supreme Court of Minnesota

Decided May 29, 1900No. Nos. 12,140—(134)PublishedCited by 1 opinion

Action in the municipal court of Duluth against defendant, as receiver of the Duluth Street Railway Company, insolvent, to recover $499 for personal injuries. The case was tried before Edson, J., and a jury, which rendered a verdict in favor of plaintiff for $170. From an order denying a motion for judgment notwithstanding the verdict or for a new trial, defendant appealed.

1Opinion of the CourtBrown, J.

This action was brought in the municipal court of the city of Duluth. Plaintiff had a verdict, and defendant appeals from an order denying his motion for a new trial.

The trial in the court below was before the court and jury. The only question presented for consideration on this appeal is whether that court erred in denying to defendant the right to interpose a peremptory challenge to one of the jurors. He had used two such challenges, and claimed the right to the third, which the court denied him. The facts, as shown by the record, are as follows:

*57“After a jury of twelve men were drawn, and…

2Cited by1 opinion

  1. Lerum v. GevingSupreme Court of Minnesota · 1906

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