Lee v. Hayden

MR. COMMISSIONER LENTZ

prepared the opinion for the court.

Action on an account stated. Defendant appeals from an order overruling his motion for a new trial.

1. The first contention on this appeal is that the court erred in overruling defendant’s challenge to the jury panel. The record shows that the case at bar was the second tried at that term, and that when called for trial the jury-box contained the names of fifteen jurors that had been drawn from box No. 1, and the names of seven jurors that had been drawn from box No. 3.

In obedience to an order made December 15, those jurors whose names…