Legal Opinion

Fleeson v. Savage Silver Mining Co.

Nevada Supreme Court

Decided July 1, 1867PublishedCited by 16 opinions

Appeal from the District Court of the First Judicial District, Hon. C. Burbank, presiding. On the trial of this cause, John Gillig was called as a juror.

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Appeal from the District Court of the First Judicial District, Hon. C. Burbank, presiding. On the trial of this cause, John Gillig was called as a juror. It appeared by his examination, touching his qualifications for a juror, that after this suit was commenced against the defendant he became a stockholder in that corporation, and so continued to be for some time, during which the suit was pending, but had sold out all his stock in the company previous to being called as a juror. It also appeared that, during the pendency of this suit, he had made a contract with a stockholder of the company…

1Opinion of the Court

Opinion by

Lewis, J., Beatty, C. J.,

concurring.

But one error is relied on by the appellant in this case as a *161ground for the reversal of the judgment: namely, that the Court erred in overruling the challenge interposed to the juror John Grillig.

That jurors to be competent should stand indifferent, and should occupy no position nor stand in any relation which in contemplation of law renders them incapable of being impartial, there can be no question. They must be superior to every just objection, or in the language of Lord Coke, they should “ be indifferent as they stand unsworn.” When entering…

2Cases cited1 opinion

  1. Freeman v. PeopleNew York Supreme Court · 1847

3Cited by16 opinions

  1. State v. FouquetteNevada Supreme Court · 1950
  2. People v. SchaferCalifornia Supreme Court · 1911
  3. Colbert v. Journal Publishing Co.New Mexico Supreme Court · 1914
  4. State v. RaymondNevada Supreme Court · 1876
  5. Burch v. Southern Pacific Co.Nevada Supreme Court · 1909

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