Wassum v. Feeney
Massachusetts Supreme Judicial Court
Tort. A verdict was rendered for the plaintiff in the Superior Court, at October term 1875; and at the same term the defendant filed a motion to set aside the verdict on the ground that one of the jurors who tried the case was hut nineteen years of age. The defendant offered to prove that he did not discover the fact of the juror’s nonage until he filed his motion.
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Tort. A verdict was rendered for the plaintiff in the Superior Court, at October term 1875; and at the same term the defendant filed a motion to set aside the verdict on the ground that one of the jurors who tried the case was hut nineteen years of age. The defendant offered to prove that he did not discover the fact of the juror’s nonage until he filed his motion. The plaintiff objected to this evidence and to the competency thereof; but conceded, if it would be competent for the defendant to prove the same, that the facts were as above stated. Allen, J., overruled the motion ; and the…
1Opinion of the CourtGray, C. J.
The juror in question, being under twenty-one years of age, was not qualified as the statutes require. Gen. Sts. c. 182, § 1; c. 6, § 1. But his name being upon the list of the jurors returned and empanelled, the defendant had the opportunity, by proper inquiry, of ascertaining any grounds of objection to him, and might have challenged him before the trial began.
When a party has had an opportunity of challenge, no disqualification of a juror entitles him to a new trial after verdict. This convenient and necessary rule has been applied by this court, not only to a juror disqualified by…
2Cases cited8 opinions
- State v. BabcockSupreme Court of Connecticut · 1815
- Woodward v. DeanMassachusetts Supreme Judicial Court · 1873
- Briggs v. Town of GeorgiaSupreme Court of Vermont · 1843
- Hollingsworth v. DuaneSupreme Court of the United States · 1801
- Mann v. Town of FairleeSupreme Court of Vermont · 1872
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3Cited by45 opinions
- Kohl v. LehlbackSupreme Court of the United States · 1895
- In Re MorrisseySupreme Court of the United States · 1890
- Commonwealth v. DiStasioMassachusetts Supreme Judicial Court · 1937
- Gray v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1913
- Queenan v. Territory of OklahomaSupreme Court of Oklahoma · 1901
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