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Chase v. Jennings

Chase versus Jennings

Chase v. Jennings, 38 Me. 44 (1854)
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Court
Supreme Judicial Court of Maine · State Highest Courts
Decided
July 1, 1854
Judges
Appleton, Cutting, Shepley, Tenney
Citations
38 Me. 44
Headnotes
A juror, whose brother is joined in marriage with a sister of one- of the parties, is not disqualified to- sit in the trial.
Summary
On Exceptions from Nisi Prius, Rice, J., presiding. Slander. After a verdict for plaintiff for nominal damages, a motion was made by Ms counsel to set it aside, because it was discovered that one of the jurors was disqualified by law to sit in the trial. The brother of one of the jurors was the husband of a sister of the defendant. The motion was denied, and exceptions taken.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Tenney

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Tenney, J.

— The husband and wife, being considered in law as one, when the marriage took place between Peleg Hains and the sister of the defendant, he held the same relationship by affinity to her relatives, that she did; and she stood in the same relation to his relatives. But those sustaining a relationship to him, would not hold the same to her relatives; and those related to her would not hold the same relation to his relatives. 1 Bouvier, (5th ed.) 80. Under R. S., c. 1, § 3, rule 22, there was no disqualifying interest in the juror. Exceptions overruled.

Shepley, C. J., and Appleton and Cutting, J. J., concurred.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1899: 11902: 11934: 11944: 11957: 11978: 118992026peak 1899 · 1

Relies on it most ⓘ

  1. Criminal Injuries Compensation Board v. Remson384 A.2d 58 (Md. 1978)
  2. Doyle v. Commonwealth40 S.E. 925 (Va. 1902)
  3. State ex rel. Perez v. Wall41 Fla. 463 (1899)
  4. Brotherhood of Locomotive Firemen & Enginemen v. Hogan5 F. Supp. 598 (D. Minnesota 1934)
  5. Territory of Hawaii v. Wright37 Haw. 40 (1944)
  6. Kest v. State146 N.E.2d 755 (Oh. Prob. Ct., Cuyahoga 1957)

Most recent

  1. Criminal Injuries Compensation Board v. Remson384 A.2d 58 (Md. 1978)
  2. Kest v. State146 N.E.2d 755 (Oh. Prob. Ct., Cuyahoga 1957)
  3. Territory of Hawaii v. Wright37 Haw. 40 (1944)
  4. Brotherhood of Locomotive Firemen & Enginemen v. Hogan5 F. Supp. 598 (D. Minnesota 1934)
  5. Doyle v. Commonwealth40 S.E. 925 (Va. 1902)
  6. State ex rel. Perez v. Wall41 Fla. 463 (1899)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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