Swarnes v. Sitton

Citations

• 58 Ill. 155

Syllabus

<p>1. New trial—disqualification of jurors. On the authority of the case of Vennum v. Harwood, 1 Gilm. 659, a new trial will be granted where it appears that two of the jurors who sat upon the trial of the case, had, at a former term, served upon a jury which found a verdict against the defendant, in a similar case against her, involving a similar loss, in the same manner, and at the same time.</p> <p>2. Same—rule otherwise, where the same counsel was engaged in both cases. But a new trial will not be awarded for that reason, where it also appears in such case, that the same counsel, on behalf of the defendant, was engaged on the trial of both causes. Under these circumstances, a party can not be deprived of the benefit of his verdict. It was the duty of counsel, knowing the disqualification of these jurors, to recollect the fact, and make available in proper time, the objections which existed against them.</p> <p>3. Nor in such case will it avail the defendant, that these jurors were examined touching their qualification, and answered that they knew nothing of the case, or that they had no previously formed opinion in it, it appearing that such examination was conducted, and the statement of the case made, in such a general way as not to have brought to the attention of the jurors the fact of the former trial, or to have been calculated to elicit from them any thing in regard to it.</p>