Cowles v. Buckman
Supreme Court of Iowa
Appeal from the Dubuque District Court. Action on a promissory note. Defence, payment. Verdict and judgment for the defendant. The plaintiff moved that the verdict be set aside, and for a new trial, upon several grounds, one of which, was, that there were but eleven jurors upon the panel of the jury which tried the cause.
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Appeal from the Dubuque District Court. Action on a promissory note. Defence, payment. Verdict and judgment for the defendant. The plaintiff moved that the verdict be set aside, and for a new trial, upon several grounds, one of which, was, that there were but eleven jurors upon the panel of the jury which tried the cause. The bill of exceptions certifies that each of the parties was asked by the court, whether they had any objection to the jury, but that the attention of the plaintiff was not called to the deficiency in the', number of the jurors; and that it is admitted that neither party…
1Opinion of the CourtWoodward, J.
— We should regardlit as the province of the court and its officers, to impannel a full jury ; and that when a party is asked if he has any objection to the jury, it refers to the persons constituting it, and whether he has challenges to make; and we should not be inclined to hold him responsible for the right constitution of the jury, in point of numbers. The law tenders him a jury for the trial of his cause, and he is not to be charged as with a fault, if the proper officer has not performed his duty in *163this respect. If there were anything indicating a previous knowledge, and consequently a…
2Cases cited2 opinions
- Jackson v. StateIndiana Supreme Court · 1843
- Foote v. LawrenceSupreme Court of Alabama · 1828
3Cited by6 opinions
- Pitcher v. Lakes Amusement Co.Supreme Court of Iowa · 1975
- Jones v. BerryhillSupreme Court of Iowa · 1868
- Eshelman v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1885
- Pringle v. Hilo Mercantile Co.Hawaii Supreme Court · 1901
- United States v. AngneyDistrict of Columbia Court of Appeals · 1887
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