Richards v. Moore
Supreme Court of Vermont
Motion to set aside a verdict on the ground that one of the jurors was an alien. Heard April Term, 1887, Boss, J., presiding. Motion pro forma overruled, and judgment rendered on the verdict. The facts appear in the opinion. The presumption of citizenship drawn from the fact of' residence, ceases when the fact of foreign birth appears.
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Motion to set aside a verdict on the ground that one of the jurors was an alien. Heard April Term, 1887, Boss, J., presiding. Motion pro forma overruled, and judgment rendered on the verdict. The facts appear in the opinion. The presumption of citizenship drawn from the fact of' residence, ceases when the fact of foreign birth appears. So does the presumption of the regularity of a verdict, which only amounts to this, that irregularity will not be presumed. 2 Best, Ev. 360. The burden of proof then shifts. The probative force of the fact of residence is not equal to that of foreign birth.…
1Opinion of the Court
The opinion of the court was delivered by
Taft, J.
The defendant moved the court below to set aside
the verdict upon the ground that Conner, one of the jurors, was an alien. If he was, the proof showing that that fact was unknown to the defendant and his counsel, until after the trial, the motion should have been granted. Quinn v. Halbert, 52 Vt. 353. The counsel for the plaintiff'have shown diligence in citing thirty-nine authorities from other jurisdictions to show that the disqualification of the juror could only avail the defendant as a cause of challenge, evidently overlooking the cases in…
2Cases cited4 opinions
- Briggs v. Town of GeorgiaSupreme Court of Vermont · 1843
- Mann v. Town of FairleeSupreme Court of Vermont · 1872
- Quinn v. HalbertSupreme Court of Vermont · 1880
- Hammond & Burt v. NobleSupreme Court of Vermont · 1884
3Cited by2 opinions
- Garvey v. MichaudSupreme Court of Vermont · 1936
- Terrill v. DeavittSupreme Court of Vermont · 1901