Bellows v. Williams

1 Kirby 166

Opinion

By the whole Court.

Tbougb tbe exception to tbe juror would bave been good upon a challenge, it is now too late. Tbe party having waived it then, tbougb information of tbe fact was before him from tbe copies, be shall not take advantage of it afterwards to set aside tbe verdict. It does not disquahfy a juror that be has once before tried tbe cause, if tbe parties, notwithstanding, agree to him; which they implicitly do, unless they challenge him.