Spalding v. Douglas Cnty.

Citation85 Neb. 265,122 N.W. 889
Decision Date22 October 1909
Docket NumberNo. 15,784.,15,784.
PartiesSPALDING v. DOUGLAS COUNTY.
CourtSupreme Court of Nebraska

85 Neb. 265
122 N.W. 889

SPALDING
v.
DOUGLAS COUNTY.

No. 15,784.

Supreme Court of Nebraska.

Oct. 22, 1909.



Syllabus by the Court.

[122 N.W. 889]

A litigant who stands upon a general demurrer to a pleading thereby admits all of the material facts well pleaded, and must take the consequences which result from such an admission.

[122 N.W. 890]

A juror drawn for three weeks' service in the district court of Douglas county who appears and serves as a juror in said court during that period is entitled to recover for all of the days of said term, Sundays excepted, unless excused from such attendance by the court.


Appeal from District Court, Douglas County; Estelle, Judge.

Action by L. D. Spalding against Douglas County. Judgment for plaintiff, and defendant appeals. Affirmed.

James P. English and Geo. A. Magney, for appellant.

H. H. Bowes, for appellee.


ROOT, J.

Plaintiff sued defendant for compensation as a juror, and alleged in his petition that he was duly summoned as a juror for the first three weeks of the May, 1908, term of said court; that he reported for duty May 4, 1908, and was in the discharge of his duties as such juror during all of said three weeks and three days in addition; that he was discharged May 27, 1908, “being in attendance upon said court for twenty-one days”; that compensation for two days claimed by him was denied by the commissioners “for the reason that said two days were Saturdays, and the court was not on said two days engaged in the trial of jury cases.” The county filed a general demurrer, which was overruled. Defendant elected to stand upon its demurrer, and judgment was rendered in favor of plaintiff. Defendant appeals.

1. Defendant has evidently accepted the benefits of sections 668a to 668n, inclusive, of the Code of Civil Procedure. Under the provisions of those sections of the statute, the clerk of the district court in the presence of the county clerk and one of the judges of the district court is required at least 20 days preceding the first day of every term of said court to draw from a box or wheel the names of 30 residents of the county for jury service during three weeks. From those veniremen 24 are retained for service. A like number of jurors are provided for each one of the judges should more than one of them be engaged in the trial of jury cases. By identical...

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