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Estes v. Richardson

EDWARD ESTES v. JAMES H. RICHARDSON

Estes v. Richardson, 6 Nev. 128 (1870)
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Court
Nevada Supreme Court · State Highest Courts
Decided
July 15, 1870
Judges
Whitman
Citations
6 Nev. 128
Headnotes
Juror — Challenge for Cause. Where a juror on examination as to his qualifications said that he had heard something of the matter, and had an impression which it would require testimony to remove, that he had no bias and his impression was very vague, and that he had never talked with any one who pretended to know the facts : Held, that a challenge for cause was properly overruled. Grounds op Challenge for Cause to be Specified. The grounds of challenge to jurors for cause are pointed out by statute, and a party desiring to have such challenge tried must specify the ground or grounds upon which he bases it.
Summary
Appeal from the District Court of the, Eighth Judicial District, White Pine County. This was an action against James H. Richardson and Robert O’Keefe to recover damages for alleged conversion of certain cans of butter, coffee, lobsters, sardines, etc., worth altogether, 1665.24. There was judgment for plaintiff for the amount claimed. A motion for new trial being overruled, defendants appealed.

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

Opinion of the Court — Whitman

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By tbe Court, WHITMAN, J.:

The only error urged by appellant is the action of the Court upon a matter occurring on the formation of the jury, thus : One Dache, on examination as to his qualification to act as a juror, said that he had “ heard something of the matter,” that it would require testimony to remove the existing impression on his mind, that he “ had no bias or prejudice in the matter,” that the impressions upon his mind were very vague, and that he had never had any conversation “ with either plaintiff or defendant in regard to the suit, nor with any one who pretended to know the facts.” “ Whereupon counsel for defendants objected to said juror for cause, which said objection was overruled by the Court,” and thereto there was an exception taken.

The ruling of the Court was right upon the facts : right again, for that no notice should be taken of an objection so general. The statute points out several grounds of challenge for cause, tand the party desiring to have such challenge tried should specify the gtound or grounds upon which he bases it. (Page v. O'Neal, 12 Cal. 483 .)

The judgment of _ the District Court is affirmed.

How later courts describe this case

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

1876–1877: 11892–1893: 118762026peak 1876 · 1

Relies on it most ⓘ

  1. State v. Raymond11 Nev. 98 (1876)
  2. Southern Pac. Co. v. Rauh49 F. 696 (9th Cir. 1892)

Most recent

  1. Southern Pac. Co. v. Rauh49 F. 696 (9th Cir. 1892)
  2. State v. Raymond11 Nev. 98 (1876)

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 1

DepthCaseCited by
Paige v. O'Neal, 12 Cal. 483 (1859) 24

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