Fulweiler v. City of St. Louis
Supreme Court of Missouri
Appeal from St. Louis Circuit Gourt. I. Plaintiff should have moved for a special venire for country jurors. Failing to do this, he must be held to have waived it. (Rose vs. St. Charles, 49 Mo., 509.) II. All exceptions to the jury were likewise waived by his course in proceeding with the trial. If he intended to stand by his exceptions, he should have taken a non-suit with leave, etc. In an action against an incorporated city, the inhabitants are not competent jurors.
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Appeal from St. Louis Circuit Gourt. I. Plaintiff should have moved for a special venire for country jurors. Failing to do this, he must be held to have waived it. (Rose vs. St. Charles, 49 Mo., 509.) II. All exceptions to the jury were likewise waived by his course in proceeding with the trial. If he intended to stand by his exceptions, he should have taken a non-suit with leave, etc. In an action against an incorporated city, the inhabitants are not competent jurors. (Diveny vs. City of Elmira, 51 N. Y., 506 ; Eberle vs. The Schools, 11 Mo., 261; Fine vs. Same, 30 Mo., 166; Rose vs. City of…
1Opinion of the CourtSherwood, Judge
Action for damages, alleged to have been received in consequence of a defect, etc., in the side walks, cross-walks and gutters at the intersection of 9th street'and Franklin Avenue.
A jury was called, and in answer to questions touching their qualifications, four of the panel admitted that they were inhabitants and tax-payers of the city. Plaintiff thereupon challenged them for cause, specifying the ground mentioned, as a disqualification. This challenge was however overruled. The cause then proceeded to trial, and resulted in a verdict for the defendant. The general term reversed this…
2Cases cited3 opinions
- Fine v. St. Louis Public SchoolsSupreme Court of Missouri · 1860
- Rose v. City of St. CharlesSupreme Court of Missouri · 1872
- Eberle v. Board of President of the St. Louis Public SchoolsSupreme Court of Missouri · 1848
3Cited by12 opinions
- Tumey v. OhioSupreme Court of the United States · 1927
- City of Dallas v. PeacockTexas Supreme Court · 1895
- City of Cape Girardeau v. HunzeSupreme Court of Missouri · 1926
- Ozark Border Electric Cooperative v. StacyMissouri Court of Appeals · 1961
- Ballentine & Boone v. MercerMissouri Court of Appeals · 1908
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