Withdrawing A Juror

In practice

The withdrawing of one of the twelve jurors from the bax, with the result that, the jury baing now found to be incomplete, no further proceedings can be had in the cause. The withdrawing of a juror is always by the agrcement of the parties, and is frequently done at the recommendation of the judge, where it is doubtful whether the action wlll lie; and in such case the consequence is that each party pays his own cests. It is, however, no bar to a future action for the same cause.

2 Tidd, Pr. 861, 862; 1 Archb. Pr. K. B. 196; Wabash R. Co. v. McCormick, 23 Ind. App. 258, 55 N. E. 251.