Simmons v. Cunningham
Idaho Supreme Court
APPEAL from District Court, Shoshone County. The regular panel must be exhausted before the court may Issue a special venire. (12 Am. & Eng. Ency. of Law, hot. p. 338.) A panel of jurors not drawn according to law is a nullity.
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APPEAL from District Court, Shoshone County. The regular panel must be exhausted before the court may Issue a special venire. (12 Am. & Eng. Ency. of Law, hot. p. 338.) A panel of jurors not drawn according to law is a nullity. (Clinton v. Englebroct, 13 Wall. 441.) A different construction of this act would put it in power of the district judge and sheriff to prepare a jury at any time to subserve personal ends and thus render our jury system an engine of oppression instead of an institution by aid of which to redress wrongs. (People v. Dunn, 1 Idaho, 76.) The judgment should have been one…
1Opinion of the CourtSullivan, J.
This is an action in ejectment to obtain possession of a mining claim. It appears from the record that at the commencement of the June term, 1894, of the district in and for Shoshone county there were present thirty-six jurors, who had been regularly drawn and summoned; that afterward, -on June 20th, thirty additional jurors were ordered by the court to be summoned on an open venire. On July 7th the court *428took a recess until July 16th, by reason of a resolution adopted, by the bar of Shoshone county requesting the judge to adjourn the term to that date. This recess was taken, at the request…
2Cases cited1 opinion
- Bennett v. Tintic Iron Co.Utah Supreme Court · 1893
3Cited by2 opinions
- State v. LundgrenSupreme Court of Minnesota · 1913
- In re CorcoranIdaho Supreme Court · 1899