London & Lancashire Fire Insurance v. Rufer's Adm'r
London & Lancashire Fire Insurance v. Rufer's Adm'r
Opinion of the Court
DELIVERED THE OPINION OP THE COURT.
It is not necessary to discuss the facts of this case, as the identical questions of fact arising in the present case have been heretofore passed on by this court in more than one opinion, in which it was held, in effect, that the testimony authorized the verdicts rendered. The only remaining question to be considered is found in one of the grounds relied on by the appellant in its motion for a new trial. It is insisted that, in the formation of the jury, the court erred in refusing to permit counsel for the appellant to interrogate the members of the panel, with a view of ascertaining whether they were competent or fit jurors to try the issue between the insurance company and the appellee.
Under the jury system of this State, twenty-four of the jurors furnished constitute the regular panel; and in all civil cases, where either party requires it, the clerk shall draw from the box the names of eighteen of the jury, having deposited in the box on slips of paper the name of each member constituting the panel —twenty-four. A list of the eighteen is then deliv ered to the litigants, apd each may strike three names from the list,, and the first twelve names not erased shall constitute the jury to try the case. This is the statute on the subject. Before either party can be .required to strike any name from the list of eighteen, he is entitled to challenge, for cause, any juror
The statute provides: “But before either party shall be required to strike, those on the list may be challenged for cause, and others drawn and placed on the list in the place of as many as may be set aside for cause.” (General Statutes, chapter 62, section 5, article 5.)
The objection made in this case is, that the court, instead of counsel, interrogated the jurors; and while either party may interrogate a juror by counsel, to know the condition of his mind with reference to the •controversy, if the court has done this for him, and no challenge for cause was made and none existed, the denial of the right complained of does not demand a reversal.
• The judgment is, therefore, affirmed.
Reference
- Full Case Name
- London and Lancashire Fire Insurance Company v. Rufer's Adm'r
- Cited By
- 1 case
- Status
- Published