Martin v. Barnhardt
Illinois Supreme Court
Writ of Error to the Circuit Court of Franklin county; the Hon. A. D. Duff, Judge, presiding. This was-an action of trespass on the case commenced in the court below, by Jacob Earnhardt against Oliver C. Martin.
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Writ of Error to the Circuit Court of Franklin county; the Hon. A. D. Duff, Judge, presiding. This was-an action of trespass on the case commenced in the court below, by Jacob Earnhardt against Oliver C. Martin. An issue was formed, and the cause came on for trial at the August Term, 1865. One of the questions arising under the assignment of errors is, whether it sufficiently appears from the record that the jury who tried the cause were regularly selected, impaneled and sworn. The opinion of the court discloses, substantially, what is shown by the record in that regard. The evidence having…
1Opinion of the CourtChief Justice Walker
delivered -the opinion of the Court:
It is insisted that this record fails to show that the jury who tried the case in the court below was impaneled and sworn to try the issues in the cause. The record recites that the jury, after being sworn according to law, and hearing the evidence, retired to- consider, etc., and returned their verdict- into open court. It fails to appear, from the transcript, that any exceptions were taken to the mode in which the jury were tried, selected or sworn, and, in the absence of such exceptions, we must presume that the jury were legally' impaneled. It does…
2Cited by26 opinions
- Harris v. PeopleIllinois Supreme Court · 1889
- Meyer v. Village of TeutopolisIllinois Supreme Court · 1890
- Metzger v. MorleyIllinois Supreme Court · 1900
- Henderson v. PeopleIllinois Supreme Court · 1897
- Hayes v. Industrial CommissionIllinois Supreme Court · 1943
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