Wiley v. Keokuk
Supreme Court of Kansas
Error from Douglas District Court. Action for assault and battery, and false imprisonment, brought by Keokuk, chief of the Sac aud Fox Indians, as plaintiff. The action was instituted against Albert Wiley, Charles E. Mix, Thomas Murphy, Thomas Dorwin, and William P. Montgomery, and subsequently dismissed as to all except Wiley.
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Error from Douglas District Court. Action for assault and battery, and false imprisonment, brought by Keokuk, chief of the Sac aud Fox Indians, as plaintiff. The action was instituted against Albert Wiley, Charles E. Mix, Thomas Murphy, Thomas Dorwin, and William P. Montgomery, and subsequently dismissed as to all except Wiley. The body of the petition was as follows: “ The said plaintiff complains of said defendants, for that the said defendants, on the 23d of November, 1868, at Lawrence, in the county of Douglas, unlawfully, and with force, assaulted the said plaintiff, and beat, bruised,…
1Opinion of the Court
The opinion of the court was delivered by
Kinsman, C. J.:
i. peaotici:. Challenge ofju* codtlo^iiued! *104_but act of themTor!ome' *103The first error alleged occurred in selecting a jury. The juror was challenged for cause, on the ground that he had once already served on a jury as a talesman on the trial of a cause at the same term of the court. The court overruled the challenge. ° This was error. Civil Code, § 270. It appears that after the juror had served as a talesman, he had been called to serve as a regular juror for the term., in place of a juror excused. This made no difference. The law…
2Cases cited3 opinions
- Malone v. MurphySupreme Court of Kansas · 1864
- Horne v. StateSupreme Court of Kansas · 1862
- Morton v. StateSupreme Court of Kansas · 1863
3Cited by69 opinions
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- Smith v. PrintupSupreme Court of Kansas · 1993
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- Plains Resources, Inc. v. GableSupreme Court of Kansas · 1984
- Watkins v. LaytonSupreme Court of Kansas · 1958
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