Bullock v. Neal
Supreme Court of Arkansas
ERROR to Sebastian Circuit Court. Hon. J. A. Yantis, Special Judge. The jury, upon Judge Rogers’ disability, were, by operation of law, discharged; in other words, it was a mistrial, and upon the election of the special judge, a new jury should have been impanneled, and heard the cause anew.
Read the full summary
ERROR to Sebastian Circuit Court. Hon. J. A. Yantis, Special Judge. The jury, upon Judge Rogers’ disability, were, by operation of law, discharged; in other words, it was a mistrial, and upon the election of the special judge, a new jury should have been impanneled, and heard the cause anew. The bill of exceptions is marked filed by the clerk, but was not entered of record, nor in any loay made 'part of the record, and can not be considered by this court. 85 Ark., 386; 37 Ik, 370. Judge Rogers heard the evidence and instructed the jury, and he only was competent to sign the bill of…
1Opinion of the CourtEaKIN, J.
The transcript returned with the writ of error, shows a case determined in the Circuit Court of Crawford County, on appeal from a justice of the peace, in which defendant in error recovered judgment in both courts. No errors affecting the merits of the controversy are disclosed. No sufficient’ bill of exceptions was taken. The questions made regard jurisdiction and practice.
The case was tried by a jury at the April term, 1882, of the Circuit Court, the Honorable John H. Rogers, regular judge, presiding. Instructions given orally by consent, were not excepted to, and by like consent the jury…
2Cited by6 opinions
- York v. StateSupreme Court of Arkansas · 1909
- Daley v. BoroughsSupreme Court of Arkansas · 1992
- Stinson v. ShaferSupreme Court of Arkansas · 1893
- Smith v. TosiniSouth Dakota Supreme Court · 1891
- Carnehan v. ParkerSupreme Court of Arkansas · 1912
1 more not listed; retrieve them via the Exa API.