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GULF, COLORADO & SANTA FE RY. CO. V. SHANE, 157 U. S. 348 (1895)

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U.S. Supreme Court

Gulf, Colorado & Santa Fe Ry. Co. v. Shane, 157 U.S. 348 (1895)

Gulf, Colorado and Santa Fe Railway Company v. Shane

No. 212

Submitted January 29, 1895

Decided April 1, 1895

157 U.S. 348

Syllabus

It being settled that, by the joint resolution of March 3, 1891, 26 Stat. 1115, the jurisdiction of this Court was preserved as to pending cases and cases wherein the writ of error on appeal should be sued out, or taken before July 1, 1891, the Court has jurisdiction of this case, the writ of error having been allowed and sealed June 5, 1891.

Under the Act of May 2, 1890, c. 182, providing a temporary government for the Territory of Oklahoma, the provisions of the statutes of Arkansas that if either party shall desire a panel, the court shall cause the names of 24 competent jurors, written upon separate slips of paper, to be placed in a box to be kept for that purpose, from which the names of 18 shall be drawn and entered on a list in the order in which they are drawn and numbered, and that each party shall be furnished with a copy of that list, from which each may strike the names of three jurors, and return the list so struck to the judge, who shall strike from the original list the names so stricken from the copies, and the first twelve names remaining on the original list shall constitute the jury, are mandatory, and no rule or custom of the court can override them.

The case is stated in the opinion. chanroblesvirtualawlibrary

Page 157 U. S. 349





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