Legal Opinion

Driver v. Pate

Alabama Court of Appeals

Decided April 2, 1918No. 5 Div. 279PublishedCited by 25 opinions

Appeal from Circuit Court, Chambers County; S. L. Brewer, Judge. Action by J. H; Pate against A. J. Driver, Jr. Judgment for plaintiff, and defendant appeals.

1Opinion of the CourtBricken, J.

This is an action for work and labor, the complaint containing but one count. Judgment for plaintiff, and defendant appeals. ,

The assignments of error relate only to the refusal of the court to grant a new trial.

The principal point made in the motion for the setting aside of the verdict and the granting of a new trial rests upon the alleged misconduct of the sheriff'of the county while the jury was deliberating in respect of their verdict; the contention being that the sheriff, after the jury had been deliberating on the case for several hours, and after the court had adjourned for the day…

2Cases cited2 opinions

  1. Kansas City M. & B. R. R. v. PhillipsSupreme Court of Alabama · 1893
  2. Alabama Fuel & Iron Co. v. RiceSupreme Court of Alabama · 1914

3Cited by25 opinions

  1. Holladay v. StateAlabama Court of Appeals · 1924
  2. Holland v. StateCourt of Criminal Appeals of Alabama · 1991
  3. Martin v. StateAlabama Court of Appeals · 1926
  4. Taylor v. StateAlabama Court of Appeals · 1922
  5. Weaver v. StateAlabama Court of Appeals · 1920

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