Williamson v. Mayer Bros.
Supreme Court of Alabama
Appeal from the Circuit Court of Marengo. Tried before the Hon. C. K. Abrahams, Special J udge. This was a statutory action of ejectment, brought by the appellees, Mayer Brothers, against the appellant, M. M. Williamson, to recover possession of a tract of land, which was described in the complaint as follows : “The N. W.-J of section 22, township 14, range 3 east, in Marengo county, Alabama;” and was commenced on February 17, 1896, In organizing the jury for the trial, G.…
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Appeal from the Circuit Court of Marengo. Tried before the Hon. C. K. Abrahams, Special J udge. This was a statutory action of ejectment, brought by the appellees, Mayer Brothers, against the appellant, M. M. Williamson, to recover possession of a tract of land, which was described in the complaint as follows : “The N. W.-J of section 22, township 14, range 3 east, in Marengo county, Alabama;” and was commenced on February 17, 1896, In organizing the jury for the trial, G. W. Westbrook, one of the jurors, upon Ms voir dire, testified that lie was a first cousin to defendant’s son-in-law ; and…
1Opinion of the CourtHaralson, J.
1. There was no error in excusing the juror, Westbrook, on the ground that he was first cousin to the defendant’s son-in-law. It is a duty of the trial court, as far as it can be done consistently, to see that fair and impartial trials are had, and may, to that end, of its own motion, reject a juror summoned, if it appears, under the circumstances, he is an unsuitable
*259person to serve. A duty thus exercised, not arbitrarily, but apparently for good purposes in the interest of justice, will not be reviewed. — The State v. Marshall, 8 Ala. 302; Fariss v. The Sate, 85 Ala. 4; Griffin v. The State,…
2Cases cited6 opinions
- Griffin v. StateSupreme Court of Alabama · 1891
- Naugher v. SparksSupreme Court of Alabama · 1895
- Fariss v. StateSupreme Court of Alabama · 1887
- State v. MarshallSupreme Court of Alabama · 1845
- Morgan v. Lehman, Durr & Co.Supreme Court of Alabama · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Veitch v. Woodward Iron Co.Supreme Court of Alabama · 1917
- Union Indemnity Co. v. WebsterSupreme Court of Alabama · 1928
- Schieffelin v. SchieffelinSupreme Court of Alabama · 1899
- Pritchard v. FowlerSupreme Court of Alabama · 1911
- Jackson v. TribbleSupreme Court of Alabama · 1908
15 more not listed; retrieve them via the Exa API.