Legal Opinion

Harrisburg Bank v. Forster

Supreme Court of Pennsylvania

Decided May 15, 1839PublishedCited by 12 opinions

ERROR to the common pleas of Dauphin county. The Harrisburg Bank against John E. Forster. This was an action of debt upon a promissory note of John E. Forster to John Forster, endorsed to the plaintiff, dated 22 d of August 1834, for 700 dollars, at ninety days.

Read the full summary

ERROR to the common pleas of Dauphin county. The Harrisburg Bank against John E. Forster. This was an action of debt upon a promissory note of John E. Forster to John Forster, endorsed to the plaintiff, dated 22 d of August 1834, for 700 dollars, at ninety days. A jury being called in this cause, the defendant challenged Josiah Jones, a juror, for cause, because he is a tenant occupying the land of Thomas Elder, who is a stockholder in the Harrisburg Bank— tenant from year to year on shares. To which challenge the plaintiff objected, that this is not a ground of challenge, unless in ejectment…

1Opinion of the Court

*306The opinion of the Court was delivered by

Kennedy, J.

The first error assigned, is an exception to the opinion of the court below, sustaining the challenge of the defendant to Josiah Jones, being sworn or affirmed as a juror to try the issue, on account of his being the tenant of Thomas Elder, Esq., a stockholder in the bank, and therefore one of the plaintiffs. Challenges to the polls, in capita, being exceptions to particular jurors, are reducible to four heads, according to Sir Edward Coke, 1 Inst. 156; propter honoris respeclum; propter defectum; propter affectum, and propter delictum. With…

2Cases cited8 opinions

  1. Baird indorsee of M'Donnell v. Cochran & DowlingSupreme Court of Pennsylvania · 1818
  2. Bank of Pennsylvania v. M'CalmontSupreme Court of Pennsylvania · 1833
  3. Pleasants v. PembertonSupreme Court of the United States · 1793
  4. Griffith v. RefordSupreme Court of Pennsylvania · 1829
  5. Gest v. EspySupreme Court of Pennsylvania · 1834

3 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Hufnagle v. Delaware & Hudson Co.Supreme Court of Pennsylvania · 1910
  2. Manning v. WheatlandMassachusetts Supreme Judicial Court · 1813
  3. Sherman v. Southern Pacific Co.Nevada Supreme Court · 1910
  4. Pennsylvania Railroad v. BerrySupreme Court of Pennsylvania · 1871
  5. Winkler v. ScudderSupreme Court of Georgia · 1846

7 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API