Rockwell v. Elderkin

Wisconsin Supreme Court

Rockwell v. Elderkin

19 Wis. 367

CourtWisconsin Supreme Court

DecidedJanuary 15, 1865

StatusPublished

Cited by1 cases

This text of 19 Wis. 367 (Rockwell v. Elderkin) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Rockwell v. Elderkin, 19 Wis. 367 (Wis. 1865).

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Opinion

By the Court,

DixoN, C. J.

The circumstance of Mderhin having discovered, after the trial, that one of the jurors had removed from the county, is not in our opinion sufficient cause for granting a new trial. If the objection had been taken before trial, by way of challenge, it might have prevailed on strictly technical grounds; but after trial we think it is too late. It is an objection which does not affect the impartiality or intelligence of the juror, and furnishes no presumption against the justice of tlje verdict. We think it should be disregarded after verdict.

Order reversed.

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By the Court,

DixoN, C. J.

The circumstance of Mderhin having discovered, after the trial, that one of the jurors had removed from the county, is not in our opinion sufficient cause for granting a new trial. If the objection had been taken before trial, by way of challenge, it might have prevailed on strictly technical grounds; but after trial we think it is too late. It is an objection which does not affect the impartiality or intelligence of the juror, and furnishes no presumption against the justice of tlje verdict. We think it should be disregarded after verdict.

Order reversed.

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Bluebook (online)

19 Wis. 367, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rockwell-v-elderkin-wis-1865.

Opinion

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