Lommen v. Minneapolis Gaslight Co.
Supreme Court of Minnesota
Action in the district court for Hennepin county. Defendant, at the proper time, filed with the clerk a demand for a -struck jury. At the time designated by the sheriff for striking the jury, plaintiff appeared and filed with him -written objections to the proceeding, on the ground that the act authorizing struck juries was unconstitutional. The sheriff, nevertheless, did strike a jury.
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Action in the district court for Hennepin county. Defendant, at the proper time, filed with the clerk a demand for a -struck jury. At the time designated by the sheriff for striking the jury, plaintiff appeared and filed with him -written objections to the proceeding, on the ground that the act authorizing struck juries was unconstitutional. The sheriff, nevertheless, did strike a jury. On the first day of the term, plaintiff gave notice of a motion to quash the struek-jury proceedings, based on the fact that no venire had been issued or made returnable for the first day of the term, and also…
1Opinion of the CourtMitchell, J.
The only question presented by this appeal is the •constitutionality of Laws 1895, c. 328, entitled “An act to provide for struck juries,” etc. This was merely a re-enactment of Laws 1864, c. 31 (G. S. 1878, c. 71, §§ 15-19), which had been repealed by Laws 1891, c. 84.
The essential provisions of the act are as follows: Whenever a •struck jury is deemed necessarv by either party for the trial of the issue in any action in the district court, he may file with the clerk •of the court a demand in writing for such a jury; whereupon the clerk shall forthwith deliver a certified copy of such demand…
2Cases cited5 opinions
- Winter v. Muscogee RailroadSupreme Court of Georgia · 1852
- Selby v. StanleySupreme Court of Minnesota · 1860
- Perry v. StateWisconsin Supreme Court · 1859
- Vierling v. Chas. G. Stifel Brewing Co.Missouri Court of Appeals · 1884
- Walker v. BivinsSupreme Court of Georgia · 1876
3Cited by51 opinions
- People v. PeeteCalifornia Court of Appeal · 1921
- Mathison v. Minneapolis Street Railway Co.Supreme Court of Minnesota · 1914
- People v. NakisCalifornia Supreme Court · 1920
- In Re LeeSupreme Court of Oklahoma · 1917
- Asbury Hospital v. Cass CountyNorth Dakota Supreme Court · 1943
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