from
Bouvier's Law Dictionary, Revised 6th Ed (1856)
WITHDRAWING A JUROR, practice. An agreement made between the parties in a
suit to require one of the twelve juror's impanelled to try a cause to leave
the jury box; the act of leaving the box by such a juror is also called the
withdrawing a juror.
2. This arrangement usually takes place at the recommendation of the
judge, when it is obviously improper the case should proceed any further.
3. The effect of withdrawing a juror puts an end to that particular
trial, and each party must pay his own costs. 3 T. R. 657; 2 Dowl. R. 721;
S. C. 1 Crom. M. & R. 64.
4. But the plaintiff may bring a new suit for the same cause of an
action. R. & M. 402; S. C. 21 E. C. L. R. 472; 3 Barn. & Adolph. 349; S. C.
23 E. C. L. R. 91. See 3 Chit. Pr. 916.