Legal Opinion

Dew v. McDivitt

Ohio Supreme Court

Decided December 15, 1876Published

Motion for leave to file a petition in error to the District ■Court of Athens county. Sophia M. McDivitt brought the original action in the ■Court of Common Pleas of Athens county, against the plaintiff in error, on the 4th clay of October, 1873, to recover damages, under section 7 of the act of May 1, 1854, entitled “an act to prevent the evils resulting from the sale of intoxicating liquor in the State of Ohio,” as amended April 18,1870, for injuries to her means of…

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Motion for leave to file a petition in error to the District ■Court of Athens county. Sophia M. McDivitt brought the original action in the ■Court of Common Pleas of Athens county, against the plaintiff in error, on the 4th clay of October, 1873, to recover damages, under section 7 of the act of May 1, 1854, entitled “an act to prevent the evils resulting from the sale of intoxicating liquor in the State of Ohio,” as amended April 18,1870, for injuries to her means of support in con■sequence of the intoxication of her husband, Samuel S. Mc-Divitt, a person in the habit of getting intoxicated,…

1Opinion of the CourtMcIlvaine, J.

The act relating to juries, passed April-26, 1873, including original section 11, was in force at the date of the trial below. It is not contended that a cause for a principal challenge, under section 11 of said-act, existed. The ground of challenge, if any existed, was for favor, under the following clause of the section : “ And any petit juror, who shall be returned for the trial of any cause, and against whom no principal cause of challenge-can be alleged, may nevertheless be challenged on suspicion of prejudice against, or partiality for, either party, or for want of a competent knowlege…

2Cases cited1 opinion

  1. Algier v. Steamer MariaCalifornia Supreme Court · 1859

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