Rollins v. Ames
Superior Court of New Hampshire
This was an action of trover. la the course of the trial here, February, 1819, on the general issue, certain depositions were introduced on the part of the plaintiff, which had been taken before a magistrate by the name of Martin. A verdict being found for the plaintiff, a motion was made by the defendant for a new trial, on the ground that Martin, who took the depositions, was also foreman of the petit jury to whom the cause was submi'red.
Read the full summary
This was an action of trover. la the course of the trial here, February, 1819, on the general issue, certain depositions were introduced on the part of the plaintiff, which had been taken before a magistrate by the name of Martin. A verdict being found for the plaintiff, a motion was made by the defendant for a new trial, on the ground that Martin, who took the depositions, was also foreman of the petit jury to whom the cause was submi'red. The principal counsel filed an affidavit of his ignorance of this fact, till after the jury were about to retire; but the counsel, originally employed by…
1Opinion of the CourtWoodbury, J.
The depositions in this case were competent ; but the true question is, whether the magistrate, who took them, was a suitable person to sit as juror in the cause for which they were taken. The objection goes to the partiality of the juror; because it is founded.on the presumption, that, having been selected as a magistrate by the plaintiff, having heard his most important witnesses, and having reflected previously on his evidence alone, he would not come to the examination of the cause without prepossession or prejudice in his favor.
It is well known, that magistrates are often selected for…
2Cases cited1 opinion
- Steinbach v. Columbian InsuranceNew York Supreme Court · 1804
3Cited by4 opinions
- State v. HowardSuperior Court of New Hampshire · 1845
- Seavy v. DearbornSuperior Court of New Hampshire · 1849
- Whicher v. WhicherSuperior Court of New Hampshire · 1840
- Wilcox v. School District No. 1 in LempsterSuperior Court of New Hampshire · 1853