The doctrine is pretty generally held that for those causes falling under the head of principal challenge, referring to the more strictly legal qualification, there could be no remedy after verdict rendered, but the disqualification was healed by the verdict; while for other causes, under the head of challenge for favor, where the disqualification was for the court's determination as a fact, their proof after verdict entitled the complaining party to a new trial unless the defect or disqualification was known to him and waived by him during the trial. State v. Brockhaus, 72 Conn. 109, 112-115, 43 A. 850; Selleck v. Sugar Hollow Turnpike Co., 13 Conn. 453, 459; State v. Watkins, 9 Conn. 47, 51; Pettibone v. Phelps, 13 Conn. 445, 450-452; Wassum v. Feeney, 121 Mass. 93, 94. In the case of Brewer v. Jacobs (Tenn.)

But the accused may waive any matter of form or substance, except only what may relate to the jurisdiction of the court. State v. Brockhaus, 72 Conn. 109, 117, 43 A. 850; Commonwealth v. Dailey, 12 Cush. (Mass.) 80, 83. Any right this defendant may have had to a trial by a jury before whom no comment of any kind is made, is one which he may waive, and which in this case he did waive, by neglecting to move for a discharge of the jury at the time and by proceeding without further objection or motion to an adverse ending of the trial. The motion for a new trial for a verdict against evidence was properly denied.

State v. Chapman, 103 Conn. 453, 471, 130 A. 899; State v. Frost, 105 Conn. 326, 338, 135 A. 446; State v. Chin Lung, 106 Conn. 701, 718, 139 A. 91. "Trial by jury involves some rule of practice or law regulating the selection of persons to act as jurors; [and] the issue, service and return of process for summoning them to court . . . . Any departure from the established rule is an error or defect, but if not taken advantage of at the time of occurrence, or not discovered at the time, it is a defect healed by verdict, unless it is made fatal by the plain provisions of law, or is of such a nature that it may have unjustly affected the results." State v. Brockhaus, 72 Conn. 109, 112, 43 A. 850. The defendant relies upon State v. McGee, 80 Conn. 614, 619, 69 A. 1059. We held there that the provisions of the statute which is now, as amended, 3169d were mandatory and required that the drawing of the names from the jury boxes be performed personally by the clerk or, in his absence, the assistant clerk.

General Statutes 8013. The statute has been construed on many occasions. Dortch v. State, 142 Conn. 18, 21, 110 A.2d 471; Zullo v. Zullo, 138 Conn. 717, 89 A.2d 218; DeMichiel Bros. v. Sequin, 114 Conn. 736, 159 A. 889; Gannon v. State, 75 Conn. 576, 577, 54 A. 199; State v. Brockhaus, 72 Conn. 109, 111, 43 A. 850; Smith v. Hall, 71 Conn. 427, 431, 42 A. 86; Bissell v. Dickerson, 64 Conn. 61, 66, 29 A. 226; Brown v. Congdon, 50 Conn. 302, 307. It provides an additional safeguard for averting injustice in cases where the usual remedy by appeal does not lie or where, if there is an adequate remedy by appeal, the party has been prevented from pursuing it by fraud, accident or mistake. Krooner v. State, 137 Conn. 58, 60, 75 A.2d 51. The statute, however, is obviously designed to remedy errors and to correct injustices which may be remedied or corrected by a new trial on the merits. That is not the situation here. Affording the plaintiff a new trial on the merits will not rectify the alleged injustice done him. His present quarrel is not with what happened or failed to happen during the course of the trial, nor is it predicated upon an inability to pursue an appeal taken from the judgment rendered upon conviction.

"An accused may waive any matter of form or substance, excepting only what may relate to the jurisdiction of the court. State v. Brockhaus, 72 Conn. 109, 117, 43 A. 850. The plaintiff applied to Herting to fix bail for his appearance in the Police Court, and it was so fixed and he gave it without questioning the bond, or its amount, or the authority.

"An accused may waive any matter of form or substance, excepting only what may relate to the jurisdiction of the court. State v. Brockhaus, 72 Conn. [109] 117, 43 A. 850. The plaintiff applied to Herting to fix bail for his appearance in the police court, and it was so fixed, and he gave it, without questioning the bond, or its amount, or the authority.

The procedure is not intended to reach errors available on appeal of which the party should have been aware at the time when an appeal might have been taken. State v. Brockhaus, 72 Conn. 109, 111, 43 A. 850; Andersen v. State, 43 Conn. 514, 516. It is an additional safeguard to prevent injustice in cases where the usual remedy by appeal does not lie or where, if there is an adequate remedy by appeal, the party has been prevented from pursuing it by fraud, mistake or accident. Dudley v. Hull, 105 Conn. 710, 718, 136 A. 575. "The salutary purpose of the statute is that if a party has a meritorious defense and has been deprived of reasonable opportunity to present it, he ought to be permitted to make it upon another trial."

The statute, General Statutes, § 5701, after stating certain grounds upon which a new trial may be granted, adds "or for other reasonable cause"; and misconduct on the part of a trier may be a sufficient ground. State v. Brockhaus, 72 Conn. 109, 111, 43 A. 650; Burns v. State, 84 Conn. 518, 80 A. 712; and see Dudley v. Hull, 105 Conn. 710, 136 A. 575. The defendant demurred to the complaint upon three grounds and the trial court sustained the demurrer as a whole. Two of the grounds are clearly without merit.

The matter of new trials is controlled by well-established rules. Gannon v. State, 75 Conn. 576, 578, 54 A. 199; State v. Brockhaus, 72 Conn. 109, 111, 43 A. 850; Selleck v. Head, 77 Conn. 15, 17, 58 A. 224; Palmer v. Whipple, 83 Conn. 477, 76 A. 1002; Burns v. State, 84 Conn. 518, 521, 80 A. 712; McCulloch v. Pittsburgh Plate Glass Co., 107 Conn. 164, 167, 140 A. 114; Hall v. Tice, 86 Conn. 684, 688, 86 A. 560. From this record it appears that Rogers, while upon the witness stand, was asked by his counsel, evidently referring to the time of the injury, "What were you working at?" and he replied, "International Silver Company, Factory H." He was further asked, "and what was your weekly wages?

There is another aspect of this case which leads to the same result. An accused may waive any matter of form or substance, excepting only what may relate to the jurisdiction of the court. State v. Brockhaus, 72 Conn. 109, 117, 43 A. 850. The plaintiff applied to Herting to fix bail for his appearance in the Police Court, and it was so fixed and he gave it without questioning the bond, or its amount, or the authority. What he did was done voluntarily.