Leary v. North Jersey Street Railway Co.

The opinion of the court was delivered by

Pitney, J.

It appears from the bill of exceptions that upon the trial of this action, while the clerk was administering the oath to the jury, defendant’s counsel interrupted for the purpose of challenging one of the jurymen. The trial judge refused to permit the administration of the oath to be interrupted for that purpose, giving as a reason that the defendant had already interposed three challenges. As the request for leave to challenge was not accompanied by the suggestion of any cause for the proposed challenge, it will be presumed that a peremptory…