Mueller v. Rebhan

Citations

• 94 Ill. 142

Syllabus

<p>I. Jdet—mode of filling panel of petit jurors. Where a sufficient number of jurors drawn and summoned do not answer to their names when called, it is irregular to fill the panel by directing the sheriff to summon others in the place of the absentees. But this irregularity will not render the organization of the panel void.</p> <p>2_ Where the panel of the petit jury is filled not in accordance with the statute, but by the selection of the sheriff under the order of the court, advantage of the irregularity can only be taken by challenge to the array. If a party enters upon the business of selecting a jury from ¿such panel, he will his right to challenge the array and any objection he may have as to regularity °f the organization of the panel, and he can not object to any juror so selected to fill the regular panel, as though they were talesmen.</p> <p>8. Same—ground of challenge—service on jury within year. The fact that a juror has served on a jury within a year prior to being called in a case does not apply to those on the regular panel, but only to those called as talesmen. The fact that a juror has been irregularly put upon the panel makes no difference in this respect, as, without a challenge to the array, he must be treated as properly on the panel.</p> <p>4. Witness—competency—husband for his wife. Section five of the act relating to evidence, by its terms implies that the language of section one was intended to be used in a sense so broad as to admit husband and wife to testify for or against each other as other witnesses, in all cases, except so far as the act provides otherwise, and hence the necessity of the limitations in section five confining such witnesses to specified cases.</p> <p>5. Section five of the act also contains affirmative legislation rendering a husband competent to testify for or against his wife in certain specified cases, among which are cases where the wife would if unmarried be plaintiff, and cases where the litigation concerns the