Simmons v. Cunningham

Citations

• 4 Idaho 426
• 39 P. 1109
• 1895 Ida. LEXIS 24

Syllabus

<p>Jurors — Regular Panel — Open Venire. — Under provisions of section 396 of the Revised Statutes, the court may, for good cause, discharge regularly drawn and summoned jurors, and order open venire for jurors to try causes at the term for which jurors were regularly drawn.</p> <p>Evidence — Cross-demand—Instructions—Nonsuit.—When plaintiff refuses to introduce evidence to prove his case, and defendants fail to produce evidence to prove their cross-demand against plaintiff, it is error to instruct the jury to find for the defendant. Held, in that case action should have been dismissed or a judgment of nonsuit entered.</p> <p>(Syllabus by the court.)</p>