United States Supreme Court Cases & Opinions

U.S. Supreme Court

Burt v. Panjaud, 99 U.S. 180 (1878)

Burt v. Panjaud

99 U.S. 180

Syllabus

1. An error committed in overruling an objection to a juror as legally disqualified is cured where it appears affirmatively that he was not a member of the panel which tried the case and it does not appear that by his exclusion therefrom the party's right of challenge was abridged.

2. A person offered as a juror is not compelled to disclose under oath his guilt of a crime which would work his disqualification. If he declines to answer, the objecting party must prove such disqualification by other evidence.

3. In ejectment, or trespass quare clausum fregit, actual possession of the land by the plaintiff or his receipt of rent therefor prior to his eviction is prima facie evidence of title on which he can recover against a mere trespasser.

The facts are stated in the opinion of the Court.