Gormley v. Laramore
Supreme Court of Georgia
Arres! of Judgment. Objections to Juror. Laches. Before Judge Harrell. Randolph Superior Court. May-Term, 1869. Laramore sued Gormley upon his promissory note for $2,323 33, due 1st January, 1860; Gormley pleaded a tender of property and refusal of it, (under the Relief Act); the jury found for the plaintiff for $1,500 00. Gormley’s counsel moved to set aside the verdict, because one of the-jury who rendered the verdict was one whose name was never in the jury-box.
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Arres! of Judgment. Objections to Juror. Laches. Before Judge Harrell. Randolph Superior Court. May-Term, 1869. Laramore sued Gormley upon his promissory note for $2,323 33, due 1st January, 1860; Gormley pleaded a tender of property and refusal of it, (under the Relief Act); the jury found for the plaintiff for $1,500 00. Gormley’s counsel moved to set aside the verdict, because one of the-jury who rendered the verdict was one whose name was never in the jury-box. Gormly made affidavit that he did not know this till the verdict hád been rendered. The list of jurors being' produced, showed…
1Opinion of the CourtMcCay, J.
Jurors are disqualified for two classes of reasons: propter affectum, as when they are unfit to sit by reason of some affirmative fault, as interest, bias, infancy, etc.; and propter defectum, *254as when they are wanting in some qualification required by law, as residence, age, etc. The'objection here is, that the juror’s name was not on the jury list as made out by the commissioners, under the Act of 1869. Clearly this is a disqualification propter defectum. It is the want of a qualification prescribed by law. It does not appear but that the man is just as good a juryman for the party objecting…
2Cited by14 opinions
- Hill v. StateSupreme Court of Georgia · 1880
- Stapleton v. StateCourt of Appeals of Georgia · 1916
- State v. ClementsSupreme Court of Georgia · 2011
- Johns v. HodgesCourt of Appeals of Maryland · 1883
- Brown v. StateSupreme Court of Georgia · 1898
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