Birmingham Water Works Co. v. Barksdale

KNIGHT, Justice.

The first insistence for error on the part of appellant is that the court improperly allowed the plaintiff a struck jury in the cause, after the plaintiff had announced that he was satisfied with the jury which had been placed in the box for the trial of the cause, and after the defendant had peremptorily challenged two of said panel.

In order that what took place in the selection of the jury to try this case may fully appear, we quote from the bill of exceptions on this point: “After both plaintiff and defendant had announced ready for trial, and the jury was placed in the…