Withdraw

To take away, as, to withdraw a record; to mark off, as, to withdraw an appearance once entered of record in a cause; to substitute one for another, as one plea for another plea; to cause to leave, to remove, to retire, as, to withdraw a juror from the box; to quit or sever connection '4 Bl. Com. 60-68; 3 Coke, Inst. 44; Spectator, 117; 1 Steph. Hist. Cr. Law Eng. 54; 8 id. 430-36. See Trial of Sufi'olk Witches, 6 St. Tr. 687-702 (1665),

— Rose Cullender and Amy Duny, who. convicted after half an hour's deliberation by the jury. Sir Matthew Hale presiding, and were executed fom- days later, neither one confessing the charge, although "much urged to," "the judge and all the court" being "fully satisfied with the verdict;" Trial of Three Devon Witches, 8 id. 1018-39 (1682),— with "the substance of their last woi-ds and confessions at the time and place of execution." See also 8 West. Law J. 318; 106 North Aiu. Rev. 176; 45 New Engl. 788. with, to end responsibility in, as, to withdraw from a cause. " Withdrawing a juror " describes a fiction to which a court may resort when it appears that, owing to some accident or surprise, defect of proof, unexpected and difficult question of law, or like reason, a trial cannot proceed without injustice to a party. ^ The clerk, under direction from the court, calls a juror out of the box, whereupon the plaintiff objects, or is supposed to object, to proceeding with eleven jurors, and the trial goes over to the next term, the rights of the litigants remaining unimpaired. The court may resort to this practice rather than nonsuit the plaintift. The costs may be imposed upon one party, be divided between both, or abide the event of the continued suit.' See Guilty; Noksifit; Retraxit.

A claim which has been dismissed by the court, on the plaintiff's motion, for failure to make parties and prosecute the same, may, notwithstanding, be again interposed by the claimant; for this is not a "withdrawal," under the statute. Lynch v. Bond, 19 Ga. 314. Withdrawing a juror. This phrase describes a fiction to which the courts will sometimes resort when it clearly appears, upon the trial of a cause, that, owing to some accident or surprise, defect of proof, unexpected and difficult question of law, or like reason, the trial cannot proceed without injustice to one party. Suppose, for example, a paper necessary to the plaintiff's case is missing, and the loss is not discovered till too late to ask a postponement, the judge may allow the plaintiff to withdraw a juror, imposing terms, such as payment of costs, if deemed proper. The clerk then calls one juror out of the box; the plaintiff then objects to proceeding with only eleven jurors; and the trial is at an end for the time. The cause comes on again for trial de novo at a subsequent term; but, before that time, the plaintiff will have exerted himself to supply the defect or restore the missing evidence. Withdrawing record. As, in English nisi prius practice, the filing of a nisi prius record is a needful preliminary to a trial, so a withdrawal of that record, by the plaintiff's attorney, before the jury is sworn, postpones the trial.