Cannon v. Bullock
Supreme Court of Georgia
Motion for new trial, from Cas? county. Decided by Judge Trippe at March Term, 1858. This was a motion, on the part of Bullock, for'a new trial, on the ground that one of the jury who tried the case was of kin to defendant’s intestate, which was not known to or recollected, by counsel when they struck the jury, their client being absent, and which was supported by the affidavits of counsel.
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Motion for new trial, from Cas? county. Decided by Judge Trippe at March Term, 1858. This was a motion, on the part of Bullock, for'a new trial, on the ground that one of the jury who tried the case was of kin to defendant’s intestate, which was not known to or recollected, by counsel when they struck the jury, their client being absent, and which was supported by the affidavits of counsel. Counter affidavits were submitted, and after argument, the presiding Judge granted the motion-for anew trial, and counsel for defendant excepted.
1Opinion of the Court
By the Court.
McDonald J.
delivering the opinion.
[1.] The Court below granted a new trial in this case on the single ground that one of the jurors who tried the cause was related to defendant’s intestate;- and an exception to the judgment of the Court granting a new trial on that ground is the only error assigned in the record. It appears that' plaintiff’s counsel had heard before the trial who the wife of the juror was; and he deposes, that if he had reflected, he would have known that he was brother-in-law of defendant’s intestate, and that he struck the jury himself, the plaintiff being…
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