Branch v. Dawson
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Bamsey county, in 1884, to recover the amount of a deposit of $5,000, made by her husband in her name, in July, 1869, with the then banking-house of Dawson & Co., in which the defendants were partners. After the decisión of this court, (33 Minn. 399,) sustaining the complaint as against a demurrer, the action was tried before Simons, J., and a struck jury, and the defendants had a verdict.
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Plaintiff brought this action in the district court for Bamsey county, in 1884, to recover the amount of a deposit of $5,000, made by her husband in her name, in July, 1869, with the then banking-house of Dawson & Co., in which the defendants were partners. After the decisión of this court, (33 Minn. 399,) sustaining the complaint as against a demurrer, the action was tried before Simons, J., and a struck jury, and the defendants had a verdict. Plaintiff appeals from an order refusing a new trial.
1Opinion of the CourtMitchell, J.
The statute regarding struck juries (Gen. St. 1878, c. 71, § 15) does not contemplate or authorize peremptory challenges to any of the 16 names constituting the struck list. The reason is that striking 12 names from the list of 40 selected by the sheriff is a substitute and equivalent for the right of peremptory challenge given in other cases. The mere fact that a sufficient number do not appear, and that talesmen have to be called to complete the jury, does not give a party a right of peremptory challenge to any of those on the struck list who do appear. The general provisions of the statute…
2Cases cited4 opinions
- Brabrook v. Boston Five Cents Savings BankMassachusetts Supreme Judicial Court · 1870
- Sherman v. New Bedford Five Cents Savings BankMassachusetts Supreme Judicial Court · 1885
- Robinson v. RingSupreme Judicial Court of Maine · 1881
- Webb v. MichenerSupreme Court of Minnesota · 1884
3Cited by11 opinions
- May v. HooverIndiana Supreme Court · 1887
- Skolnick v. GruesnerSupreme Court of Minnesota · 1936
- Walso v. LatternerSupreme Court of Minnesota · 1918
- Peters' Administrator v. PetersCourt of Appeals of Kentucky (pre-1976) · 1928
- Watson v. St. Paul City Railway Co.Supreme Court of Minnesota · 1889
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