
    *GALLIA COUNTY,
    APRIL TERM, 1832.
    JUDGES — COLLETT AND WRIGHT.
    WOMELDORF v. STEINBERGEN.
    Struck jury — peremptory challenge — division of the court.
    
      Quere — Whether, when a jury has been struck, the right of peremptory challenge to a juror is not thereby taken away.
    Where the judges are equally divided in opinion, the motion before the court fails.
    Assumpsit. In this case, a jury was struck, under the statute, and sixteen persons were returned upon the panel. Twelve of these were called into the box.
    
      Brazee, for the defendant,
    challenged one of the twelve peremptorily, and cited 29 O. L. 78.
    
      Allen and Murphy, contra,
    insisted that in cases of struck jury, the right of peremptory challenge was taken away. The first twelve must be sworn.
    
      JBrcizee moved for anew trial.
    A case was made and reserved for the Court in Bank.
    In the Court in Bank, at December term, 1832, the case was argued.
   COLLETT, J.

was of opinion that the challenge could not be received.

WRIGHT, J. was in favor of admitting it. Owing to this division of opinion, the challenge was not received, and the juror was sworn. •

A verdict was taken for the plaintiff for $227.36.

Judges HITCHCOCK and WRIGHT were of opinion the challenge was admissible.

Judges COLLETT and LANE were of opinion it was inadmissible.

Owing to this division, the motion for a new trial failed, and judgment was rendered for the plaintiff on the verdict.  