Southern Kansas Railway Co. v. Sage

STEPHENS, Associate Justice.

This is the second appeal in this case. (Southern Kan. Ry. Co. of Texas v. Sage, 80 S. W. Rep., 1038, and 84 S. W. Rep., 814.) i

The first assignment reads: “The court erred in overruling ill ¿I 111 refusing to sustain the defendant’s peremptory challenge to the juror, Mim Smith, for the reasons and as will more fully appear from defendant’s bill of exceptions No. 1.” It distinctly appears from this bill of exceptions that appellant was not only permitted, but was required to eliminate this juror from the panel by a “peremptory challenge;” so that if taken literally…