
    Jordan against Meredith.
    December 28th. Monday,
    
    verdict. If a juror is struck from the special ury list, and. then sworn as a talesman with the knowledge of the party who strucic him off, he cannot on that account object to the
    A SUFFICIENT number of special jurors not appearing in this caus; a tales was awarded; whereupon the trial pro ceeded, and the jury found a verdict for the plaintiff. A for a new trial was then made by M. Levy for the defendant, upon the ground that one of the jurors who had been struck from the special jury list by the defendant was sworn as a talesman and tried the cause; which circumstance he argued was a sufficient ground for a new trial, although the verdict might in other respects be satisfactory to the court. He cited Parker v. Thornton  and Hungate v. Hamond . But
    
      
       2 Ed. Ray. 1410.
    
    
      
      
        Cro. Elis. 18R.
    
   The Court

being satisfied that the error was known to the defendant at the time it was committed, he himself having struck the juryman from the list, thought the objection came too late, and refused a Rule.  