Sjoberg v. Nordin
Supreme Court of Minnesota
This cause having been duly placed on the calendar for trial, at a general term of the district court for Kandiyohi county, Brown, J., presiding, and having been reached on the preliminary call of the calendar, the plaintiff's counsel moved that another district judge be requested to attend at a special or adjourned term of the court, and try the cause, in the place of the then presiding judge, and for the continuance of the cause to such special or adjourned term, for the…
Read the full summary
This cause having been duly placed on the calendar for trial, at a general term of the district court for Kandiyohi county, Brown, J., presiding, and having been reached on the preliminary call of the calendar, the plaintiff's counsel moved that another district judge be requested to attend at a special or adjourned term of the court, and try the cause, in the place of the then presiding judge, and for the continuance of the cause to such special or adjourned term, for the reason that the attorney of record for the defendant was a son of the presiding judge. The motion was denied, and the…
1Opinion of the CourtCornell, J.
The attorney of record for defendant is a son of the district judge before whom this action was tried, and the question is whether the fact of such relationship legally incapacitated the judge from sitting as such, on the trial of the cause?
By Laws 1878, c. 24, § 1, amending Gen. St. e. 116, § 19, (Gen. St. 1878, c. 116, § 19,) relative to challenging jurors in criminal actions, “consanguinity or affinity, within the ninth degree, * * to any one of the attorneys, either for the prosecution or for the defence,” is madea good cause for challenging a juror as for implied bias. As by statute it…
2Cited by12 opinions
- State v. GardnerSupreme Court of Minnesota · 1902
- Sauls v. FreemanSupreme Court of Florida · 1888
- Tibbs v. City of AtlantaSupreme Court of Georgia · 1906
- Owens v. Wilmer Ex Rel. Eastern Shore Trust Co.Court of Appeals of Maryland · 1917
- State v. HoistSupreme Court of Minnesota · 1910
7 more not listed; retrieve them via the Exa API.