Legal Opinion

Lane v. Goodwin

Supreme Judicial Court of Maine

Decided July 1, 1860PublishedCited by 2 opinions

This was a Writ op Entry, on which a verdict was rendered in favor of the plaintiff, at January term, 1860. At the same term, and within ten days, the defendants moved that the verdict be set aside, and a new trial granted, for the reason, amongst others, that one of the jurors, who tried the case and rendered the verdict, was related by affinity within the sixth degree/ according to the civil law, or within the degree of second cousins inclusive, to the plaintiff; which…

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This was a Writ op Entry, on which a verdict was rendered in favor of the plaintiff, at January term, 1860. At the same term, and within ten days, the defendants moved that the verdict be set aside, and a new trial granted, for the reason, amongst others, that one of the jurors, who tried the case and rendered the verdict, was related by affinity within the sixth degree/ according to the civil law, or within the degree of second cousins inclusive, to the plaintiff; which fact was not known to the defendants until after the verdict was rendered. Kent, J., presiding, overruled the motion, pro…

1Opinion of the Court

The opinion of the Court was drawn up by

Appleton, J.

This case comes before us on a motion for a new trial, because Pelatiah Carll, one of the jurymen by whom the verdict was rendered, was interested, by reason of his relationship to the plaintiff, “within the sixth degree, according to the rules of the civil law, or within the degree of second cousins inclusive.” R. S., 1857, c. 1, § 4, spec. 22; Chase v. Jennings, 38 Maine, 44.

A challenge to favor may be taken after verdict. Rollins v. Ames, 2 N. H., 349. By R. S., 1857, c. 82, § 73, “If a party knows any objection to a juror in season to…

2Cited by2 opinions

  1. Bennett v. StateSupreme Judicial Court of Maine · 1965
  2. Grover & Baker Sewing Machine Co. v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1879

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