Legal Opinion

Burdine v. Grand Lodge of Alabama

Supreme Court of Alabama

Decided June 15, 1861PublishedCited by 17 opinions

Appeal from the Circuit Court.of. Pickens. Tried before tbe Hon. A. A... ColejiáN. This action was brought by the “Most Worshipful-Grand Lodge of Ancient Free-masons of Alabama and its Masonic Jurisdiction,” against James T. Burdine. The complaint contained the common =count for money had and received, and another on an. account.stated.

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Appeal from the Circuit Court.of. Pickens. Tried before tbe Hon. A. A... ColejiáN. This action was brought by the “Most Worshipful-Grand Lodge of Ancient Free-masons of Alabama and its Masonic Jurisdiction,” against James T. Burdine. The complaint contained the common =count for money had and received, and another on an. account.stated. The pleas were — 1st, the general issue ; -2d, payment; .and, ,3d, that-the plaintiff, never was a corporation .authorized to sue on said causes of action. Before the trial was commenced, as the bill of exceptions shows, the defendant challenged for-cause two…

1Opinion of the CourtStone, J.

It is certainly- a good and wholesome rule, which should be strictly regarded, that any pecuniary interest, even' the smallest, in ’the event Of the suit, will disqualify a person from serving on the jury charged with its trial. This rule-is necessary as a protection to the public interest, and as a guaranty of that purity and integrity in the administration of the law, which alone can inspire respect for, and confidence in our judicial tribunals. — Russell v. Hamilton, 2 Scam. 56 ; Lynch v. Horry, 1 Bay, 229; Wood v. Stoddard, 2 Johns. 194; Finch’s Law, 399 ; Hesketh v. Braddock, 3 Burr.…

2Cases cited15 opinions

  1. Stephen v. StateSupreme Court of Georgia · 1852
  2. Medway Cotton Manufactory v. AdamsMassachusetts Supreme Judicial Court · 1813
  3. New-York African Society for Mutual Relief v. VarickNew York Supreme Court · 1816
  4. Smith v. Branch Bank at MobileSupreme Court of Alabama · 1843
  5. Salomon v. StateSupreme Court of Alabama · 1856

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3Cited by17 opinions

  1. Ex parte State Bar Ass'nSupreme Court of Alabama · 1890
  2. Ancient v. Board of County CommissionersNebraska Supreme Court · 1932
  3. Searle v. Roman Catholic Bishop of SpringfieldMassachusetts Supreme Judicial Court · 1909
  4. Adler v. StateSupreme Court of Alabama · 1876
  5. Rose v. MagroSupreme Court of Alabama · 1929

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