Withdrawing A Juror — Law Dictionary

The Cyclopedic Law Dictionary

Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

In practice. An agreement made between the parties in a suit to require one of the twelve jurors impanelled to try a cause to leave the jury box; the act of leaving the box by such a juror is also called the withdrawing a juror. This arrangement usually takes place at the recommendation of the judge, when it is obviously improper the case should proceed any further. The effect of withdrawing a juror puts an end to that particular trial, and each party must pay his own costs. 3 Term R. 657; 2 Dowl. 721; 1 Cromp., M. & R. 64. But the plaintiff may bring a new suit for the same cause of action. Ryan & M. 402; 3 Barn. & Adol. 349. See 3 Chit. Prac. 916.

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

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.

A Law Dictionary and Glossary

George C. Kinney · 1893

A method of tion by leaving the juiy incomplete, which may be done by direction would be unjust to a party,— and drawing a record: a method of tion by withdrawing the nisi prius