Suttle v. Batie
Supreme Court of Iowa
Appeal from the Lucas District Court. This action originated before a justice of tbe peace, on an account, by whom judgment was rendered for tbe plaintiff. Tbe defendant appealed to tbe District Court, and when tbe cause was called for trial, demanded a jury. No petit jury baring been returned for that term, tbe court ordered a jury to be summoned by tbe sheriff from tbe bystanders. Tbe defendant objected to any jury, except tbe regular panel.
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Appeal from the Lucas District Court. This action originated before a justice of tbe peace, on an account, by whom judgment was rendered for tbe plaintiff. Tbe defendant appealed to tbe District Court, and when tbe cause was called for trial, demanded a jury. No petit jury baring been returned for that term, tbe court ordered a jury to be summoned by tbe sheriff from tbe bystanders. Tbe defendant objected to any jury, except tbe regular panel. A jury was afterwards summoned from tbe bystanders by tbe sheriff, and defendant challenged a- part of this jury, so selected, and went to trial…
1Opinion of the CourtIsbell, J.
Tbe several specifications of error in this case, all resolve themselves into tbe question, whether tbe record discloses such error in tbe impanneling of tbe jury, as will warrant a reversal of this case ? We think it does not. A jury in all respects qualified to determine tbe dearest rights known to tbe law, is but “ twelve men, accepted and sworn, to try tbe issue.” See Code, § 2971. Our law makes no express provision for a challenge to tbe panel in a civil, although it does in a criminal, case. It is provided by section 2975 of tbe Code, that, “ a challenge to tbe panel must be taken…
2Cited by1 opinion
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