Clinton v. Englebrecht
Supreme Court of the United States
Error to the Supreme Court of the Territory of Utah. The principal question for consideration in this case was raised by the challenge of the defendants to the array of the jury in the Third District Court of the Territory of Utah. The suit was a civil action for the recovery of a penalty for the destruction of certain property-of the plaintiffs by the defendants.
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Error to the Supreme Court of the Territory of Utah. The principal question for consideration in this case was raised by the challenge of the defendants to the array of the jury in the Third District Court of the Territory of Utah. The suit was a civil action for the recovery of a penalty for the destruction of certain property-of the plaintiffs by the defendants. The plaintiffs were retail liquor dealers in the city of -Salt Lake, and had refused to take out a license as required by an ordinance of the city. The defendants, acting under the same ordinance, thereupon proceeded to the store of…
1Opinion of the Court
The CHIEF JUSTICE
delivered the opinion of the court.
It is plain that the jury was not selected or summoned in pursuance of the statute of the Territory. That statute was, on the contrary, wholly and purposely disregarded, and the controlling question raised by the challenge to the array is, whether the law of the Territorial legislature, prescribing the mode of obtaining panels of grand and petit jurors, is obligatory upon the District Courts of the Territory.
It was insisted in argument that the challenge to the array was waived by the defendants through the exercise of their right to…
2Cases cited1 opinion
- American Insurance v. 356 Bales of CottonSupreme Court of the United States · 1828
3Cited by148 opinions
- Reynolds v. United StatesSupreme Court of the United States · 1879
- Glidden Co. v. ZdanokSupreme Court of the United States · 1962
- Palmore v. United StatesSupreme Court of the United States · 1973
- Downes v. BidwellSupreme Court of the United States · 1901
- Maynard v. HillSupreme Court of the United States · 1888
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