Pine v. Callahan

Citations

• 8 Idaho 684
• 71 P. 473
• 1902 Ida. LEXIS 76

Syllabus

<p>Guardian ad Litem — Nonresident of the State may be Appointed. In application for admission of will to probate, a nonresident maybe appointed guardian ad litem for minor heirs.</p> <p>Written Demand for a Jury Trial in Probate Court in Contested Will Oases Sufficient for Trial in District Court. — Where written demand is made in probate court for a jury trial in a case involving the contest of a will, and such demand is filed in' tbe district court, it is sufficient to authorize the district court in ordering a jury trial in that court, without further notice, a» required by section 4095 of the Revised Statutes.</p> <p>Conflicting Evidence. — Where it appears from the record that a substantial conflict in the evidence exists on the material issues involved in the controversy, this court will not reverse the judgment of the trial court.</p> <p>Juror Disqualified if He has an Unqualified Opinion.; — If it appears, on the examination of a juror, on his voir dire, that he has an unqualified opinion on any material issue involved, a challenge for that reason is properly sustained.</p> <p>Juror Qualified if He has no Opinion on the Merits and no Bias or Prejudice. — If it appears, from the examination of a juror on his voir dire, that he has no fixed opinion as to the merits of the controversy, and has no prejudice for or against any party to the controversy, a challenge for cause should be overruled.</p> <p>(Syllabus by the court.)</p>