Rockwell v. Elderkin

Decided January 15, 1865

Wisconsin Supreme Court · decided 1865-01-15

The circuit court set aside a verdict for the plaintiffs and granted a new trial in this cause, on affidavits showing that one of the jurors had removed from said county to Dane county, and that this fact was not known to the defendant or his attorney, before the trial. The plaintiffs appealed from the order. argued that the only qualifications for a juror prescribed by the statutes of this state, are citizenship of the United States and the right to vote in this state.

Cited by 1 later decisions — most recently June 1904

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1865-01-15

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¶1By the Court,

DixoN, C. J.

¶2The 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.

¶3Order reversed.