Burton v. Bondies
Texas Supreme Court
assigned the following-as errors in the verdict upon which the judgment of the court below was rendered: 1st. The jury was not selected, tried and charged to try the issue joined, but simply “ impaneled and sworn the truth to speak,” etc. Hall. Dig. 391-2; and 2d. The verdict was not signed by the foreman of the jury, but by William C. Hollmark, a stranger, who was not sworn, and who was not of the panel.
1Opinion of the CourtJustice Wheeleb
*205The only question presented in this case, which seems to require notice, relates to the verdict. It appears to have been signed by one William C. Hollmark, when from the names of the jurors set out in the record, it appears that John B. and not William C. Hollmark was the juror. This was most probably a clerical mistake. But if it was an irregularity affecting the validity of the verdict, it ought to have been objected to in the court below (2 Bibb, 238), the proper remedy in such case being the awarding of a venire; cLe novo, or an application to reform the verdict according to the truth and…
2Cases cited1 opinion
- Hamilton v. ClarkeCourt of Appeals of Kentucky · 1808
3Cited by4 opinions
- Calvin v. NeelCourt of Appeals of Texas · 1916
- Aycock v. Paraffine Oil Co.Court of Appeals of Texas · 1919
- State v. SetsorOregon Supreme Court · 1911
- Young Men's Christian Ass'n v. JasseCourt of Appeals of Texas · 1912