Burlingame v. Burlingame
Wisconsin Supreme Court
APPEAL from tbe Municipal Court of tbe City and Town of Bipon. Action for an assault and battery. When tbe jury was called, defendant challenged the array, on the ground that they were not drawn “ in conformity to the act regulating the same,5’ in this, that the city council of the city of Ripon, and the board of supervisors of the town of Ripon, had neglected to make out and file with the clerk the list of jurors prior to the last day of May, 1863, and the same was not made…
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APPEAL from tbe Municipal Court of tbe City and Town of Bipon. Action for an assault and battery. When tbe jury was called, defendant challenged the array, on the ground that they were not drawn “ in conformity to the act regulating the same,5’ in this, that the city council of the city of Ripon, and the board of supervisors of the town of Ripon, had neglected to make out and file with the clerk the list of jurors prior to the last day of May, 1863, and the same was not made and filed until July following. The objection was overruled, it appearing that said list was made out in July in the…
1Opinion of the Court
By the Court,
Dixon, C. J.
Consensus tollit errorem. The parties consented that the jury might seal their verdict, deliver it to the clerk, and disperse to their homes and not return.
No exceptions were taken to the charge and no question can be made upon it.
The statute (Priv. Laws of 1861, ch. 302, sec. 6), requiring the board of supervisors of the town and the common council of the city to select and return the names of persons qualified to serve as jurors before the last day of May in each year, is directory. If properly selected and returned afterwards, it is no ground of challenge. See…
2Cases cited1 opinion
- Mills v. JohnsonWisconsin Supreme Court · 1863
3Cited by4 opinions
- City of Appleton v. Outagamie CountyWisconsin Supreme Court · 1928
- Application of ClarkWisconsin Supreme Court · 1908
- Bedal v. SpurrSupreme Court of Minnesota · 1885
- Brothers v. PickelNew Jersey Superior Court Appellate Division · 1879