Eagle River review. [volume] (Eagle River, Wis.) 1890-1927, 1909-08-13


Juror in the trial of any action proceeding
according to circuit court procedure shall
not be eligible to have his name appear on
either such list during the succeeding year,
and during such period of ineGgbility shall
be disqualified, for jury service except he
shall be summoned as a talesman All per-
sons not having so served shall be eligible
for jury service during such succeeding year.
Section a. The defendant in every Grim
inal action or bastardy proceeding pending
IN the municipal court sitting as o court of
record, may waive trial by jury by notice
in writing fled with the clerk in said court
or by waiver in open court and entered in.
the clerk S minutes.
Section 35, If the defendant in any Grim
lnal action in the municipal court except
prosecutions for violations of section 45S7c
OF the statutes and amendments thereto at
or before the time of pleading to the infor-
nation and in any bastardy proceeding
within ten days after filing of the return
trial by jury from the county at large,
the case shall be so tried, except as herein
otherwise provided.
If either. party, in any civil action COM
menced originally in, the municipal court
sitting rs court of record, which is triable
before a jury, before the first term at which
the action is triable shall serve and file a
written demand for trial by jury from the
county at large it shall be so tried except
as herein otherwise provided
Section 80. Unless jury is waived or
demand made as provided in the preceding
section and in all civil and criminal actions
on appeal from Justice court and tEiable be-
fore jury and in prosecutions for viola,
amendments thereto the same shall be tried
before jury empaneled as follows:
At least two days before the day fixed
for trial, unless otherwise ordered by the
court, the clerk shall draw in the presence
of the court the names of forty persons
from the box containing the names Of the
Fond du Lac Jury List The parties shall
then strike from the names so drawn, alter
nately beginning with the plaintiff, one name
at time until each party has struck twelve
names When all strikes have been made
venire shall be issued for the persons whose
names remain on said list, arranged in the
order as they appear on the list, to serve as
jurors, and made returnabe on the day fixed
for trial. The jury SO struck shall be called
in the order they appear upon the venire,
and the first twelve who shall appear and
are not challenged for cause, set aside or ex.
cused by the court, shall be the jury. If
less than twelve of the jurors appearing
remain upon the; list, the jury shall be com
pleted as follows. The clerk shall as before
draw from the box three times as many
names as sha1la be sufficient to complete the
panel, and each party shall in like order
strike an equal number Of names until the
number remaining shall fully complete the
panel of twelve. ...- <
Section 81. When a trial by jury from
the county at large shall be demanded as
hereinbefore provided, the same shall be
drawn from the box containing the names
on the County at Large Jury List in like
manner as above, except that the court may
require the same to be drawn at least one
in case trial jury of twelve shall not be
obtained from the sixteen jurors originally
summoned, the court may require that the
additional names. be drawn from the. Fond
du Lac Jury List. . ~
Section 8s. In all Justice court actions
tried before the municipal judge In which
of six persons and shall be drawn in the
following manner The clerk, If in attend
ance, and if not, the judge shall draw by
lot from the box containing the names on
fha In Lar lis
shall be struck from this list in the same
manner as is now provided for IN justice
court trials, except that instead OF summon
ing talesmen the panel shall be completed by
drawing from the same box from which the
original list was obtained unless the munich
pal judge orders the completion Of the jury
by summoning talesmen. Examination OF
jurors on their voir dire shall be allowed;
Section 80. In any case above provided
for, If either party declines to strike from
the list the names which he is entitled to
strike, the court may direct the clerk of said
court or any disnterested person to strike
the for said party.
any term the clerk of said court, in the
presence of the judge, shall draw by lot from
the box containing the names on the TCoun-
ty at Large Jury List, twenty-four Jurors
for such term, and shall issue venre to
the sheriff of Fond du Lac county 70 sum
mon them as such. - W =
Upon the trial Of all such cases at term
time, the trial jury shall be drawn and
empaneed as in circuit court. The Judge,
may, in his discretion, order that no jury
case the names of jurors drawn shall be
returned to the jury box in the presence
of said judge. - ,...s..-
Section Al The court may in it's discre-
ton for good cause shown allow trial by
jury from the county at large or at term
time, in appeal cases from. justice court,
prosecutions for violations of section 45S7c
of the statutes and in those cases where the
parties have failed to make demand there
for as herenbefore required.
Nothing herein contained shall be con
strued as denying to the court or judge
thereof the power of ordering that any trial
jury may be completed by the summoning
of talesmen
for breach of the ordinances or charter
provisions of any city or village. such city
or village shall be entitled to a trlal by jury
Section 49,: Except as in this act other.
wise specifically provided, said municipal
court shall have all the powers issue all
writs, orders and processes throughout the
state and follow the rules of pleading and
procedure applicable in the circuit court
in the trial of all circuit court actions
commenced by process of the form used IN
circuit court The municipal judge shall
have the powers, rights, and authority of
the circuit Judge, in all matters s. so lar as
applicable and within his jurisdiction
Section Az In all actions or examinations
commenced by process common to justice
courts, the municipal court and Judge there-
of shall have the same power, issue all wr1ts
end process throughout the county and fol-
low the rules of. practice and procedure APP
plicable to justice courts.a except as herein
otherwise provided. So s%F's. e;a.t2g
Section 44mf In actions proceeding &C
cording to circuit court procedure, an objec-
ton that the procedure should be according
to Justice court procedure, or in any action
proceeding according to justice court pro-
cedure an objection that the procedure
should be according to circuit court pro
cedure shall be deemed waived unless made
before commencing to strike the jury, or,
if no jury be empaneled, before entering
upon the trial -, If any such objection be
objection, and be sustained, such action shall
be dismissed with costs, unless the court
shall expressly find that the same was started
in good faith, believing the procedure taken
to be proper, in which case the court may,
in its discretion. retain the action, and order
it to continue on such terms and with such
rectifcation of pleading and procedure as
may be proper end in the interest Of justice
proceeding according to justice court pro
cedure if the defendant shall, before the
commencement, of the trial, make and hle
an affidavit that the it'll, to land will come ne
in question, the case shall thereafter proceed
in said court according to. the same procedure
as if it were removed on such issue and