Orscheln v. Scott
Missouri Court of Appeals
Appeal from the Cooper Circuit Court. — Hon. D. W. Shackleford, Judge. (1) The coroner, under the statute, the sheriff being disqualified, was tbe proper officer to summon the jury. 2 R. S. 1889, sec. 8188; State v. Smith, 90 Mo. 37. It is true that the party appointed elisor was also coroner, but he was not required or authorized to act in his official capacity as an officer of the county.
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Appeal from the Cooper Circuit Court. — Hon. D. W. Shackleford, Judge. (1) The coroner, under the statute, the sheriff being disqualified, was tbe proper officer to summon the jury. 2 R. S. 1889, sec. 8188; State v. Smith, 90 Mo. 37. It is true that the party appointed elisor was also coroner, but he was not required or authorized to act in his official capacity as an officer of the county. Thompson and Merriam on Juries, sec- 82. He did not act under his oath of office as coroner, as he was not acting in his official capacity. State ex rel. v. Davis, 88 Mo. 584; Atwood v. Reyburn, 5 Mo. 533;…
1Opinion of the CourtSmith, P. J.
This is an action which was brought to recover damages for an assault. There was a trial resulting in a judgment for the plaintiff. The defendant appealed.
The defendant assigns as a ground for the reversal of the judgment the action of the court in overruling his motion to *538quash the special panel of jurors summoned by the elisor. It appears from the record that the defendant, under the provisions of section 6089, Revised Statutes, filed a motion for a special venire, which was by the court sustained. It further appears that thereafter the plaintiff filed a motion, verified by his affidavit,…
2Cases cited6 opinions
- State v. SmithSupreme Court of Missouri · 1886
- State v. HultzSupreme Court of Missouri · 1891
- State v. LeaboSupreme Court of Missouri · 1886
- State ex rel. Rogers v. Gage Bros. & Co.Missouri Court of Appeals · 1893
- Holthaus v. HartMissouri Court of Appeals · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State v. ParkerMissouri Court of Appeals · 1964
- Shearin v. Fletcher/Mayo/Associates, Inc.Missouri Court of Appeals · 1984
- Orscheln v. ScottCourt of Appeals of Kansas · 1901
- Johnson v. Springfield Traction Co.Missouri Court of Appeals · 1913
- Austin v. St. Louis Transit Co.Missouri Court of Appeals · 1905
3 more not listed; retrieve them via the Exa API.