Weekley v. Horn

MAYFIELD, Justice.

This is an appeal from a judgment rendered in favor of the plaintiff by the Circuit Court of Baldwin County. The action was for wrongful death under Code of 1940, Title 7, Section 123. Appellant’s principal insistence relates to a single assignment of error, wherein it is contended that the trial court erred in overruling ground 6 of his motion for a new trial. The pertinent portion of that motion is as follows:

“6. When the jury was qualified for the trial of this case, the plaintiff’s attorneys did not request that the court ascertain and the court did not ascertain if any…