Shelby County Board of Education v. Wright

PALMORE, Judge.

In this original proceeding before us the Shelby County Board of Education (hereinafter called the school board) seeks to prohibit the respondent, as Judge of the Shelby Circuit Court, from subjecting it to a new trial in a tort case.

The litigation in question involves two death claims and a personal injury claim against three defendants, one of whom is the school board. In the first trial, held in 1960, substantial verdicts were returned in favor of each of the plaintiffs against all three defendants, jointly and severally. One defendant, Palmer, did not appeal. The other two,…