Woodward v. Dean
Massachusetts Supreme Judicial Court
Tort. After verdict for the plaintiff, in the Superior Court, the defendant moved before Pitman, J., to set the verdict aside on account of the disqualification of a juror. At the hearing upon the motion it appeared that Henry B. Macomber, one of the jurors, was the husband of the plaintiff’s niece.
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Tort. After verdict for the plaintiff, in the Superior Court, the defendant moved before Pitman, J., to set the verdict aside on account of the disqualification of a juror. At the hearing upon the motion it appeared that Henry B. Macomber, one of the jurors, was the husband of the plaintiff’s niece. The court found as a matter of fact, that the juror had no previous knowledge of the case, and had no bias or prejudice, unless such bias or prejudice must necessarily be inferred from the relationship ; and that the defendant, although he knew that Macomber was the plaintiff’s nephew by marriage,…
1Opinion of the CourtGray, C. J.
It is provided by statute that the court shall, on motion of either party in a suit, examine on oath any person who is called as a juror therein, to know whether he is related to either party, or has any interest in the cause, or has expressed or formed any opinion, or is sensible of any bias or prejudice therein; that the party objecting to the juror may introduce any other competent evidence in support of the objection ; and that if it appears to the court that the juror does not stand indifferent in the cause, another shall be called and placed in his stead for the trial of the cause. Gen.…
2Cases cited1 opinion
- Eggleston v. SmileyNew York Supreme Court · 1819
3Cited by22 opinions
- Kohl v. LehlbackSupreme Court of the United States · 1895
- Gray v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1913
- Queenan v. Territory of OklahomaSupreme Court of Oklahoma · 1901
- Wassum v. FeeneyMassachusetts Supreme Judicial Court · 1876
- Lewis v. United StatesCourt of Appeals for the First Circuit · 1924
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