Legal Opinion

Benaway v. Conyne

Wisconsin Supreme Court

Decided June 15, 1851PublishedCited by 4 opinions

ERROR to the Circuit Court for Roch County. This was an action of slander brought by Conyne and his wife against Benaway for stating he had had criminal intercourse with Mrs. Conyne, one of the plaintiffs.

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ERROR to the Circuit Court for Roch County. This was an action of slander brought by Conyne and his wife against Benaway for stating he had had criminal intercourse with Mrs. Conyne, one of the plaintiffs. At the trial the defendant’s counsel objected to the manner of drawing and selecting the jury, which was that the clerk had a package of slips containing the names of the jurors which he held in his hand, drawing from it a slip at a time containing the name of - a juror, and defendant’s counsel insisted that the court should, direct the clerk to put the names of all the petit jurors in a…

1Opinion of the CourtWhitoN, J.

This was an action on tbe case, for slander, brought by the defendants in error (who are husband and wife), against the plaintiff in error, for alleging that the wife had had carnal intercourse with him. At the trial, the jury returned a verdict for the plaintiffs, upon which the court rendered a judgment. The errors assigned by the plaintiff in error are:

First. That the court erred in refusing to direct the clerk properly to draw the jury. Second. In refusing to exclude the plaintiffs’ witnesses from the court room during the progress of the trial. Third. In refusing to order a nonsuit; and…

2Cases cited1 opinion

  1. Porter v. RummeryMassachusetts Supreme Judicial Court · 1813

3Cited by4 opinions

  1. Gibson v. GibsonWisconsin Supreme Court · 1877
  2. Filber v. DautermannWisconsin Supreme Court · 1870
  3. Klewin v. BaumanWisconsin Supreme Court · 1881
  4. Geldon v. FinneganWisconsin Supreme Court · 1934

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