Berry v. Wallen and Baily

Tennessee Superior Court for Law and Equity

Berry v. Wallen and Baily

1 Tenn. 186

CourtTennessee Superior Court for Law and Equity

DecidedSeptember 6, 1805

StatusPublished

This text of 1 Tenn. 186 (Berry v. Wallen and Baily) is published on Counsel Stack Legal Research, covering Tennessee Superior Court for Law and Equity primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Berry v. Wallen and Baily, 1 Tenn. 186 (Tenn. Ct. App. 1805).

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Opinions

[S. C., ante, 107.] In Equity. — Benoni Perryman, being called as a juryman, it was objected that lie was not indifferent, either on account of a cause of principal challenge or favor. It was determined in the case of Logan v. Samuel Johnson, during this term, that the proper way to get over challenges for favor, was by triers. Let two men who are unexceptionable, be sworn: first, as jurymen, and then as triers, who shall determine any objection on account of favor. The triers were sworn, a witness was produced to establish a principal cause of challenge, interest, but, failing in this, it was moved that *Page 187 Perryman should be sworn on his voir dire. This was objected to upon the principle that when triers were sworn the exception must be supported by other testimony.

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[S. C., ante, 107.] In Equity. — Benoni Perryman, being called as a juryman, it was objected that lie was not indifferent, either on account of a cause of principal challenge or favor. It was determined in the case of Logan v. Samuel Johnson, during this term, that the proper way to get over challenges for favor, was by triers. Let two men who are unexceptionable, be sworn: first, as jurymen, and then as triers, who shall determine any objection on account of favor. The triers were sworn, a witness was produced to establish a principal cause of challenge, interest, but, failing in this, it was moved that *Page 187 Perryman should be sworn on his voir dire. This was objected to upon the principle that when triers were sworn the exception must be supported by other testimony.

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Bluebook (online)

1 Tenn. 186, Counsel Stack Legal Research, https://law.counselstack.com/opinion/berry-v-wallen-and-baily-tennsuperct-1805.

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