Martin v. King
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the lion. Wm. E. Claeke. The record in this case shows, that two separate actions were •commenced on the 29th December, 1877, in favor of Mrs. Mary Ann King, a married woman, residing in Ohio ; one of said actions being against Almira A. Martin, and the other against Josephine Martin, both of whom were residents of said county ■of Mobile.
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Appeal from the Circuit Court of Mobile. Tried before the lion. Wm. E. Claeke. The record in this case shows, that two separate actions were •commenced on the 29th December, 1877, in favor of Mrs. Mary Ann King, a married woman, residing in Ohio ; one of said actions being against Almira A. Martin, and the other against Josephine Martin, both of whom were residents of said county ■of Mobile. The two actions involved thesamefacts and issues, and were tried and submitted together. In each action, the plaintiff sued to recover money alleged to have been had and received by the defendant, to and…
1Opinion of the CourtSomerville, J.
The right of trial by jury is a constitutional one, secured by the fundamental law in all cases, civil as well as criminal. — Const. 1875, Art. I, § 12. It is a right, however, in the nature of a privilege, and may be waived in certain cases authorized by law. The statutes of this State provide, that “ an issue of fact in a civil case, in a court of common-law jurisdiction, may be tried and determined by the cov/rt, without the intervention of the jury, whenever the parties, or their attorneys of record, file a stipulation in writing with the clerk of the court, waiving a jury.” — Code of…
2Cases cited2 opinions
- Kumpe v. CoonsSupreme Court of Alabama · 1879
- Bailey v. TaylorSupreme Court of Connecticut · 1836
3Cited by17 opinions
- United States v. Billy Ray LeeCourt of Appeals for the Sixth Circuit · 1976
- White v. HillSupreme Court of Alabama · 1912
- Burnham v. North Chicago St. Ry. Co.Court of Appeals for the Seventh Circuit · 1898
- Cross v. StateSupreme Court of Alabama · 1885
- Ex Parte WalterSupreme Court of Alabama · 1918
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