Lincoln v. Stowell
| Decision Date | 30 September 1874 |
| Citation | 1874 WL 8969,73 Ill. 246 |
| Parties | ALBERT F. LINCOLNv.ALLEN G. STOWELL. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
WRIT OF ERROR to the Circuit Court of Peoria county; the Hon. H. B. HOPKINS, Judge, presiding.
Messrs. COOPER & LAPHAM, and Messrs. MCCULLOCH & STEVENS, for the plaintiff in error.
Messrs. INGERSOLL & PUTERBAUGH, for the defendant in error.
This was an action of assumpsit, brought by Allen G. Stowell, in the circuit court of Peoria county, against Albert F. Lincoln, to recover for services claimed to have been rendered in the sale of a lumber yard and stock of lumber owned by Lincoln.
The cause was before this court at a former term, when the judgment was reversed and the cause remanded. Lincoln v. Stowell, 62 Ill. 84. After the cause was remanded, an amended declaration was filed, when, on the 4th day of June, 1873, a trial of the cause was had before a jury, which resulted in a verdict in favor of the plaintiff for $1500. The court overruled a motion for a new trial, and rendered judgment upon the verdict, to reverse which the defendant brings the record here by writ of error.
The first question presented by the record, and the only one necessary to be considered, involves the construction of an act concerning jurors, in force July 1, 1872.
It appears, from the bill of exceptions, that a jury had been selected and drawn for the first, second and third weeks of the term, as provided by the statute, but no jury had been provided for the fourth week of the term.
Before the expiration of the third week of the term, the court saw it would be necessary to have a jury for the following week, in order to dispose of causes ready for trial. It was therefore ordered that a venire issue to the sheriff for 24 jurors for that week.
Under the order, the sheriff summoned a jury, and when the cause was called for trial, the defendant interposed a challenge to the array, on the ground that the jury had not been selected and drawn as required by the statute. The court overruled the challenge, and the defendant excepted.
Section 8 of the act requires the circuit clerk, at least 20 days before the commencement of a term of court, to go to the office of the county clerk, and, in his presence, draw the names of a sufficient number of persons, not less than 24, for each week that the court will probably be in session for the trial of common law causes, to constitute the petit jurors for the term.
Section 10 requires a summons to be issued, and the sheriff to serve the persons drawn as jurors.
Section 13 declares, If a sufficient number of grand or petit jurors shall not be returned served, or shall not appear, or for any reason the panel shall not be full at the opening of the court, or at any time during the term, the clerk of the court shall again repair to the office of the county clerk, and draw, in the same manner as at the first drawing, a sufficient number of jurors to fill such panel, who shall be summoned in the same manner as the others.
Section 14 provides, When, by reason of challenge in the selection of a jury for the...
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Foley v. State
... ... Com., 81 Va. 283; Spurgeon v. Com., 86 Va. 652; ... Kermon v. Gilmer, 2 Pac., 24; Rogers v ... State, 33 Md. 543; Lincoln v. Stowell, 73 Ill ... 246; Clinton v. Englebrecht, 13 Wall., 434; ... Brazier v. State, 44 Ala. 387; State v ... Yordi, 30 Kan. 221; ... ...
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Vierling v. Chas. G. Stifel Brewing Co.
...applicable to St. Louis.--Rev. Stats. 1879, Mo., p. 1523; The State v. Burns, 54 Mo. 274; The State v. Connell, 49 Mo. 282; Lincoln v. Stowell, 73 Ill. 246; Wright v. Stewart, 5 Blackf. 120; Gladden v. The State, 13 Fla. 623. If the sheriff is to select and summon it, he and his deputies mu......
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Healey v. People
...and expressly stated ‘that, if it [the power] was not sufficiently conferred by statute, it did exist at common law.’ In Lincoln v. Stowell, 73 Ill. 246, we said: ‘Had there been no provision in the statute for obtaining a jury, when at the same time the court was required to be held untilt......