Louisville & Nashville Railroad v. Messer

Opinion op the Court by

William Eogers Clay, Commissioner

Granting petition for rehearing and reversing.

Defendant’s supplemental brief, calling our attention to the fact that the jury which tried this case was not properly .empaneled, was not in the record when the case was decided, and the question was not considered by the court. The question is presented by defendant’s petition for'.rehearing.; It appears that when the case- was .called- for trial, .defendant moved to dischargé the jury for the;,following *507reasons: 1 The court not only discharged the first regular panel'after one week’s…