Rust & Johnston v. Shackleford & Co.

Warner, Chief Justice.

The plaintiffs brought an action against the defendants to recover the price of eleven bales of cotton, which the plaintiffs alleged the defendants had purchased of them. On the trial of the case, the jury found a verdict’for the defendants. A motion was made for a new trial, on the ground that one of the jurors was a cousin of one of the defendants, which fact was not known to the plaintiffs until after the' trial, and because the Court erred in rejecting the evidence of Johnson, one of the plaintiffs, in rebuttal of the defendants’ evidence, the witness having been…