(DOWNLOAD) "Ledger Et Al. v. Mckenzie" by Supreme Court of Montana # Book PDF Kindle ePub Free
eBook details
- Title: Ledger Et Al. v. Mckenzie
- Author : Supreme Court of Montana
- Release Date : January 07, 1938
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Jury ? Impaneling ? Irregularity in Failing to Observe Method Prescribed by Chapter 151, Laws of 1937 ? Waiver. Jury ? Impaneling ? Failure to Object Waives Irregularity. 1. The general rule is that a party who fails to challenge or object, waives an irregularity in the impaneling of a jury. Same ? Failure to Observe Method of Drawing Jury Prescribed by Chapter 151, Laws of 1937 ? Waiver of Irregularity. 2. Chapter 151, Laws of 1937, amendatory of the sections of the Revised Codes relative to the drawing of juries, requires, inter alia, that in counties where there are two or more resident district judges, each of such judges must participate in the drawing. In such a county one of the two judges ordered a special venire to be drawn from jury box No. 3, and jurors so drawn by such judge alone were added to the regular trial jury and acted as jurors in the trial of several actions without objection. The minutes of the court showed that the second judge did not participate in the drawing of the special venire, nor in the drawing of the trial jury in any of such actions. Held, on appeal by appellant in one of such actions based on the ground that he was entitled to a new trial because the jury had been illegally drawn, that the objection was waived by failure to challenge the panel, with knowledge or means of knowledge at hand of the alleged illegal procedure in drawing the jury.