Jury Commission Morgan County v. State ex rel. Attorney General
Supreme Court of Alabama
Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wert. Mandamus by the state on the relation of the Attorney General against the Jury Commissioners of Morgan county. Judgment for relators and respondents appeal.
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Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wert. Mandamus by the state on the relation of the Attorney General against the Jury Commissioners of Morgan county. Judgment for relators and respondents appeal. A relator must prove himself entitled substantially to every claim, and to all the redress which he seeks in his Avrit. — 26 Cys. 476-7; 140 Ind. 414. If the act of the commission be judicial but not final then it can vary its former findings at any time. — Cochran v. Miller, 74 Ala. 57. Ordinarily the statutory provisions Avith regard to making up of the jury are…
1Opinion of the CourtMcCLELLAN, J.
Out of the voluminous pleadings in the record and the elaborate briefs of the respective counsel, we extract these questions of controlling effect upon the result of this appeal: First. May a jury commission, after adjournment of the session thereof at Avhich the jury box has been replenished, remove therefrom, at a subsequent meeting, the names of persons Avho were, at the former meeting, found to be qualified as jurors, and Avhose names had been placed in the jury box? Second. Has a jury commission the poAver or authority to investigate and determine whether names on a jury roll or in a…
2Cited by4 opinions
- Bell v. TerrySupreme Court of Alabama · 1925
- State Ex Rel. Davis v. CurtisSupreme Court of Alabama · 1922
- Nelson v. State ex rel. BlackwellSupreme Court of Alabama · 1913
- State Ex Rel. Denson v. MillerSupreme Court of Alabama · 1920