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The Encyclopaedia of Pleading and Practice; Under the Codes and Practice Acts, at Common Law, in Equity and in Criminal Cases Volume 12

The Encyclopaedia of Pleading and Practice; Under the Codes and Practice Acts, at Common Law, in Equity and in Criminal Cases Volume 12


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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1898 edition. Excerpt: ...mode fn which the jurors were tried, selected, or sworn, it will be presumed that the jury was regularly impaneled. Martin v. Barnhardt, 39 111. 9. Regularity in Procuring Juror.--Where the record shows nothing as to how a juror came upon the panel, it will be presumed that he was regularly drawn. People v. Johnson, 8t Mich. 573 Presumptions--Service by One Apparently Not a Juror.--Where the verdict was signed by a person who by the record did not appear to have been a juror, the regularity of the verdict will be presumed, especially where there has been laches on the part of the complaining party. Bickel v. Kraus, (Ky. 1897) 39 S. W. Rep. 414. Summoning Talesmen.--If the ground of objection to the mode of summoning talesmen is not properly presented by the bill of exceptions, it will be presumed that the proceedings were regular. State v. Smith, 26 La. Ann. 62. Information to Jurors as to Character of Case.--Where the bill of exceptions contains no statement relative thereto, it will be assumed that the jurors who were examined were informed as to the case about to be tried so as to enable them to answer the questions understandingly. Com. v. Surles, 165 Mass. 59. Following of Rule of Court.--In the absence of any rule of law on the subject, it will be presumed that in impaneling a jury the court followed a rule adopted by itself. State v. Shelledy, 8 Iowa 477. 8. Of Mistake in Record.--In State v. Hultz, 106 Mo. 41, it appeared by the bill of exceptions that the examination of the juror on the voir dire showed him to be competent, but that he had been ordered to stand aside, which he failed to do, but remained on the panel, and the appellate court presumed that the statement that he was ordered to stand aside was a mistake in making up...


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Product Details
  • ISBN-13: 9781234046231
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 680
  • Spine Width: 35 mm
  • Width: 189 mm
  • ISBN-10: 1234046237
  • Publisher Date: 13 Jan 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 1193 gr


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The Encyclopaedia of Pleading and Practice; Under the Codes and Practice Acts, at Common Law, in Equity and in Criminal Cases Volume 12
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