Austin & Ellis v. Cox
Supreme Court of Georgia
Jurors. Sales. Warranty. Estoppel. New trial. Before Judge Buchanan. Fayette Superior Court. November Term, 1877. Austin & Ellis, as agents of tbe Cumberland Bone Company, brought complaint against Cox and Palmer on the following note: “ April 3d, 1876. “ On or before the first day of November next, we promise to pay to the order of Austin & Ellis, agents for the Cumberland Bone Company, the sum of one hundred and fifty-one 80-100 dollars, in payment for Cumberland…
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Jurors. Sales. Warranty. Estoppel. New trial. Before Judge Buchanan. Fayette Superior Court. November Term, 1877. Austin & Ellis, as agents of tbe Cumberland Bone Company, brought complaint against Cox and Palmer on the following note: “ April 3d, 1876. “ On or before the first day of November next, we promise to pay to the order of Austin & Ellis, agents for the Cumberland Bone Company, the sum of one hundred and fifty-one 80-100 dollars, in payment for Cumberland Super-phosphate, received by Kelly, Bishop & Co. It is also agreed and understood that we shall have the option of paying this…
1Opinion of the Court
Bleckley, Judge.
1. A pending suit between the plaintiffs and a juror, involving like issues as the one about to be tried, would work disqualification; but a past suit would not. At all events, the latter would not be a principal cause of challenge; it might be cause of challenge to the favor, but no more.
From the language used both in the bill of exceptions and in the motion for new trial, we infer that it did not appear to the court below that the suits between the plaintiffs and the jurors were still pending. We quote first from the bill of exceptions: “ Before proceeding to strike the…
2Cases cited3 opinions
- Smith v. SmithSupreme Court of Georgia · 1867
- Mayor of Columbus v. GoetchiusSupreme Court of Georgia · 1849
- Justices of the Inferior Court v. SmithSupreme Court of Georgia · 1853
3Cited by5 opinions
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- Colt Co. v. BridgesSupreme Court of Georgia · 1926
- Faith v. City of AtlantaSupreme Court of Georgia · 1887
- Jackson v. Langston & CraneSupreme Court of Georgia · 1878
- State Highway Department v. SmithCourt of Appeals of Georgia · 1969