Waggoner v. Dodson
Texas Supreme Court
Certificate of dissent from the Court of Civil Appeals for the Second District, in case on writ of error from Wichita County. The majority and dissenting opinions in the Court of Civil Appeals were as follows:
1Opinion of the Court
MAJORITY OPINION.
"Stephens, Associate Justice.
[After stating the facts.]—At common law peremptory challenges were not allowed in civil cases at all, and in Criminal cases the right was confined to the main issue and did not extend to the trial of collateral issues. 1 Thomp. on Trials, see. 43, 44, 46; Proffatt on Jury Trials, secs. 163, 163; 4 Blackst., 353, 396; Freeman v. People, 4 Denio (N. Y.), 1; Livermore v. Hamilton, 39 N. Y., 107; Brooks v. Commonwealth, 3 Rob. (Va.), 845. Unless, therefore, the right is given by statute it does not exist; from which it results that if a case arises…
2Cases cited6 opinions
- Mutual Life Insurance v. HillmonSupreme Court of the United States · 1892
- Snow v. StarrCourt of Appeals of Texas · 1889
- Cox v. HartSupreme Court of the United States · 1892
- Hargrave v. Vaughn & CummingTexas Supreme Court · 1891
- People Ex Rel. Livermore v. HamiltonNew York Court of Appeals · 1868
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3Cited by15 opinions
- Standard v. Texas Pacific Coal & Oil Co.Court of Appeals of Texas · 1931
- Retail Credit Company v. HymanCourt of Appeals of Texas · 1958
- Lofland v. JacksonCourt of Appeals of Texas · 1950
- Gussett v. Nueces CountyTexas Commission of Appeals · 1921
- City of San Antonio v. ReedCourt of Appeals of Texas · 1917
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