
    Bellows v. Williams and Gallup.
    It is good cause for a challenge, that a juror now impaneled was on the jury when the cause was tried in the lower court, but not sufficient cause to arrest judgment after verdict.
    This was an action of trover, in which, tbe- defendant moved in arrest, after a verdict was found for tbe plaintiff, because one of tbe jurors wbo tried tbe cause, also sat upon tbe trial of tbe same cause before tbe lower court. But,
   By the whole Court.

Tbougb tbe exception to tbe juror would bave been good upon a challenge, it is now too late. Tbe party having waived it then, tbougb information of tbe fact was before him from tbe copies, be shall not take advantage of it afterwards to set aside tbe verdict. It does not disquahfy a juror that be has once before tried tbe cause, if tbe parties, notwithstanding, agree to him; which they implicitly do, unless they challenge him.  